Also known as: utilities
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The social value that the law attaches to the interest advanced or protected by conduct. It is weighed against the magnitude of the risk of harm to determine whether the risk is unreasonable and the conduct is negligent or constitutes an unreasonable invasion of another's interest in the use and enjoyment of land.
The social value that the law attaches to the interest advanced or protected by conduct. It is weighed against the magnitude of the risk of harm to determine whether the risk is unreasonable and the conduct is negligent or constitutes an unreasonable invasion of another's interest in the use and enjoyment of land.
Select any source to read its text and confirm it supports the definition.
The capacity of an invention to perform a useful function or attain a beneficial result. It is one of the basic requirements for patentability along with novelty and nonobviousness.
Select any source to read its text and confirm it supports the definition.
The capacity of an invention to perform a useful function or attain a beneficial result. It is one of the basic requirements for patentability along with novelty and nonobviousness.
Each sense below has its own examples, sources, and questions.
Ugo Uberti, a delivery driver, chose a flooded shortcut to meet a deadline. The shortcut created a high risk of harm to pedestrians. The low social value of faster deliveries did not outweigh that risk, so the conduct was negligent.
Unity Capital, a regulated electric provider, terminated service under approved rules. The low social value of avoiding minor administrative costs did not outweigh the high risk of harm to dependent customers. The termination was therefore negligent.
Upstream Petroleum operated a plant that released emissions onto Uma Underwood's adjacent land. The emissions caused serious harm. Because the gravity of the harm outweighed the utility of the plant's manner of operation, the invasion was unreasonable.
Uriel Urban drove an ambulance through a red light during an emergency. The high social value of saving lives and the strong chance of advancing that interest supported finding the conduct reasonable despite the risk created.
Central Hudson proposed advertising to increase electricity sales. The modest social value of additional consumption did not outweigh risks of resource waste and consumer confusion. Regulators therefore found the promotional conduct unreasonable.
A city ordinance limited home occupancy to nuclear families. The low social value of the restriction in advancing zoning goals did not outweigh burdens on extended families. The ordinance was therefore unreasonable under substantive due process.
Utility is one factor in the risk-utility balancing test. When the magnitude of the risk outweighs the social value of the conduct, the risk is unreasonable and the actor is negligent.
Supporting sources
Courts consider the social value of the interest advanced, the extent of the chance that the interest will be advanced, and the extent to which the interest can be advanced by less dangerous conduct.
Supporting sources
Yes. An intentional invasion of land use and enjoyment is unreasonable if the gravity of the harm outweighs the utility of the actor's conduct.
Supporting sources
The invention must be operable and capable of providing some identifiable benefit. The threshold is low and is met so long as the invention is not totally incapable of achieving a useful result.
Supporting sources
…and gasoline (not to exceed 25,000 gallons), and manufacturing and industrial operations of any kind other than, and any public utility not included in, a class U-1, U-2, U-3, U-4 or U-5 use. There is a seventh class of uses which is prohibited altogether. Class U-1 is the only district in which buildings are restricted to…