Also known as: undue hardship defense · undue hardship
Written by attorneys · grounded in primary & secondary sources — see below
A factor in determining whether an intentional invasion of another's interest in the use and enjoyment of land is unreasonable. The invasion is unreasonable when the resulting harm is significant and the actor could practicably avoid the harm in whole or in part without undue hardship.
After receiving a demand letter threatening suit, an insurer's adjuster prepared notes and reserve calculations. The opposing party sought the materials in discovery and argued it could not obtain equivalent information through other means. The court denied the request because the requesting party failed to show it could not obtain the substantial equivalent without undue hardship.
Corporate counsel interviewed lower-level employees at the direction of superiors to gather facts for legal advice on an anticipated dispute. The opposing party sought the resulting memos and argued it had no other way to learn the facts. The court protected the memos because the requesting party could not demonstrate inability to obtain equivalent information without undue hardship.
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A wind farm operator continued full operations despite shadow flicker and noise affecting nearby homes. An engineer showed that limited shutdowns at key times would reduce the effects without materially harming output or profits. The court found the invasion unreasonable because the harm was significant and could be avoided without undue hardship on the operator.
An advocacy group faced potential enforcement of a statute restricting its speech. It sought to challenge the law before any prosecution occurred. The court permitted the pre-enforcement suit because requiring the group to wait would impose undue hardship by forcing self-censorship or risking penalties.
A homeowner sued a tubing manufacturer after a product failure caused property damage. The manufacturer argued that adopting an alternative design would require retooling its entire production line at prohibitive cost. The court considered whether the alternative would impose undue hardship before deciding if the existing design was defective.
An intentional invasion of land use is unreasonable if the harm is significant and the defendant can practicably avoid it without undue hardship. When feasible mitigation measures exist at modest cost, the defense fails and liability may follow.
The requesting party must demonstrate substantial need for the materials and that it cannot obtain their substantial equivalent by other means without undue hardship. Mental impressions of counsel receive additional protection even if the showing is made.
No. Regulatory compliance sets a floor but does not decide nuisance liability. The key inquiry remains whether significant harm can be avoided without undue hardship on the actor, regardless of permits or zoning.
…sure, run out at the same time, his multi-millions, wisely invested, should enable him to meet his alimony commitments without undue hardship. Child Support The appellant’s third contention that the trial court erred in awarding the appellee $1,500 per month in child support when both parties had a “surplus of income” and…