DDWQ1413- PRINCIPLE OF LAW,

CONTRACT & TORT

NUISANCE (KACAU GANGGU)

WEEK 3 – 17 DECEMBER 2020
CONTENTS
NUISANCE

NUISANCE
DEFINITION TYPE DEFENCE DAMAGES
VS TRESPASS

Private
nuisance

Public
nuisance
 DEFINITION
◦ The word ‘ nuisance’ has been derived from the French word ‘
nuire’ and latin word ‘nocare’ which mean, to do hurt or to
annoy.
◦ Oxford Dictionary of law
Nuisance is an activity or state of affairs that interferes:
-with the use or enjoyment of land or right over land (private), or
-with health, safety, or comfort of public at large (public)
◦ Blackstone
‘Nuisance as some thing that worketh hurt, inconvenience or damage’
◦ Winfield
‘Nuisance is incapable of exact definition but for the purpose of law of
tort, it may be described as unlawful interference with a person’s use or
enjoyment of land or of some right over, or in connection with it’
 NUISANCE
◦ In simple definition: Continuous (mostly), unlawful and indirect interference with a person’s
enjoyment of land or right over, or in connection with it
◦ Unreasonable disturbance
◦ Generally connected to land
◦ Concerns more on prevention rather than compensation
◦ However, physical damage alone may trigger a single act to become chargeable under tort: nuisance
 EXAMPLE OF NUISANCE
◦ Example of nuisance: act interfering with comfort, enjoyment and safety of the person
✓A’s neighbor playing loud music at 12 am
✓The root of A’s tree enter the B’s land
✓The smoke from B’s land enter A’s house
✓Construction of structure on public way
 TYPES OF NUISANCE

PUBLIC NUISANCE PRIVATE NUISANCE

Public nuisance Private nuisance
An act that cause interference to the Unlawful interference with a person’s use
enjoyment of property which is shared by or enjoyment of land or property
the public
 PUBLIC NUISANCE
◦ Interference that materially affect the reasonable comfort and
convenience of the public at large or in section
◦ Causes harm to public and its environment
◦ It is not requirement that the nuisance act must affect the entire or
every single member of the society
◦ Can be categorized as a crime and tort
◦ Example
-carrying on an offensive trade
-selling food unfit for human consumption
-obstructing public highways
-polluting public water
-dust by quarrying operation
 Public nuisance: a crime and/or tort
◦ Tort
1) The interference conducted toward a public or a part of society
Case: Attorney General v. PYA Quarries Ltd (1957)
Defendan mempunyai kuari di mana kerja peletupan batu dijalankan. Operasi dan gegaran daripada
kerja itu mendatangkan ketidakselesaan kepada penduduk-penduduk berhampiran. Ia diputuskan
sebagai kacau ganggu apabila Tindakan atau aktiviti D menganggu keselesaan (comfort) segolongan
masyarakat.
2) A person who has suffered special damage
- damage P suffered must also be over and above other members of the public who exposed to the
same interference
- example: P suffers breathing problems due to D’s smoke pollution
 Public nuisance: a crime and/or tort
Case : Rose v. Miles
The defendant had wrongfully obstructed a public navigable creek which obstructed the defendant from
transporting his goods through the creek due to which he had to transport his good through land because
of which he suffered extra costs in the transportation. It was held that the act of the defendant had caused
a public nuisance as the plaintiff successfully proved that he had incurred loss over other members of the
society and this he had a right of action against the defendant.
 PRIVATE NUISANCE
◦ Unlawful interference with a person’s use or enjoyment
of land or property
◦ Interference conducted to the right of specific person
or entity
◦ Typically arise between neighbors, with one property
owner being negatively affected by the acts of his or her
neighbors.
◦ Example:
◦ A neighbor regularly play his music at maximum volume
late at night
 ELEMENTS TO PROVE PRIVATE
NUISANCE
Interference with
Unreasonable the
Damages
interference use/enjoyment of
land

Intention
 Unreasonable interference
◦ The interference must be unreasonable or unlawful.
◦ Case : Sedleigh v. O’Callaghan (1940)
Lord Wright menyatakan bahawa suatu imbangan mesti dikekalkan di antara hak penghuni untuk membuat sesuka
hati dengan tanahnya sendiri dan hak jirannya untuk diganggu
◦ There are 2 factors to determine whether D has take a reasonable action.
1. Location
- Refer to the position or location of the land/ property and its environment
- Example: P’s house is next to a factory,. Thus, he can not expect to get a comfortable and enjoyment of his
land and property
2. P’s sensitivity
-if P or P’s property has unusual sensitivity, then he cannot charge that D's activity is a nuisance
 Unreasonable interference
◦ Case: Robinson v. Kilvert (1889)
D operated a factory which made paper boxes. This required the factory to be continually warm and dry
to ensure that the paper boxes were in good condition. P rented the ground floor and used this area to
store special brown paper. The heat from D’s factory damaged this brown paper, which was unusually
sensitive to heat, and P sued in nuisance.
Court held: there was no nuisance. It had been shown that the heat from the factory would not have damaged
ordinary paper. Instead D’s brown paper happened to be unusually sensitive to the heat.
 Intention
◦ If D intentionally conduct an action of nuisance toward his neighbor, the act of D is consider as private
nuisance.
◦ Case : Christie v. Davey (1893)
Plaintif adalah guru muzik yang mengajar muzik di rumahnya. Defendan adalah jirannya yang merasa
terganggu dengan latihan muzik yang diadakan oleh plaintif di rumahnya. Defendan mengetuk siling,
mengetuk dulang dan menjerit-jerit. Plaintif memohon injunksi. Mahkamah tinggi Inggeris memutuskan
bahawa injunksi akan diberikan kepada plaintif kerana defendan telah bertindak dengan jahat dan
perbuatan itu dibuat dengan sengaja untuk mengganggu dan menaikkan kemarahan plaintif
 Issue: Duration of the interference
◦ If the duration of the nuisance is temporary and reasonable, it also consider as private nuisance
◦ Case: Swaine v G.N. f Railway (1864)
Defendan menempatkan timbunan baja di tepi rumah plaintif sebelum ia diangkut ke tempat lain dengan
menggunakan kereta api. Berlaku masalah pengangkutan hingga menyebabkan baja-baja tersebut lambat di
angkut hingga menyebabkan bau busuk kepada plaintif.
Mahkamah putuskan bahawa timbunan baja itu kebiasaannya bukan suatu gangguan. Tetapi apabila telah
berbau ia menimbulkan kacau ganggu persendirian
PRIVATE NUISANCE
 DEFENCE OF NUISANCE
◦ Prescription
- It is as special refence in nuisance
- If it is used peaceably and openly enjoyed as an easement and as of right without interruption and for 20
years.
- Not useful in public nuisance
◦ Statutory authority
- If D has committed the act of nuisance under statutory authority and all precaution required under law
are complied
- He is not liable under nuisance
o Consent of the plaintiff
 REMEDIES
Damages – If special damages proved, P can
claim compensation

Injunction – judicial order restraining a person

from doing or continuing an act of nuisance

Abatement – removal or put an end of

nuisance without any legal proceedings
State the differences
between public and
private nuisance????????
15 minutes to prepare class
 PUBLIC VS PRIVATE NUISANCE
PRIVATE NUISANCE PUBLIC NUISANCE
1. Unlawful interference with a person’s use or 1. An act interference to the enjoyment of
enjoyment of land or property property which is shared by the public
2. Injury is caused to the individual 2. Injury is cased to every person of the public
or part of public
3. The injury person may bring an action 3. A person may bring action only if he suffer
special damages
4. P must prove interference with his enjoyment of 4. Actionable per se
land