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Nuisance Is A Tort

Nuisance is a tort involving unlawful interference with a person's enjoyment of land, categorized into private and public nuisance. Private nuisance requires substantial interference, unlawfulness, and harm, while public nuisance affects the comfort of a group and can be both a criminal offense and civil tort. Remedies include damages, injunctions, and abatement, with notable cases illustrating the application of these principles.

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24 views2 pages

Nuisance Is A Tort

Nuisance is a tort involving unlawful interference with a person's enjoyment of land, categorized into private and public nuisance. Private nuisance requires substantial interference, unlawfulness, and harm, while public nuisance affects the comfort of a group and can be both a criminal offense and civil tort. Remedies include damages, injunctions, and abatement, with notable cases illustrating the application of these principles.

Uploaded by

piyes18605
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Nuisance is a tort (a civil wrong) that involves unlawful interference

with a person's use or enjoyment of land. It's a way for people to


seek legal remedies when someone else's actions affect their property
rights.

There are two main types:

1. Private Nuisance

▶️Definition:

An unlawful and unreasonable interference with a person’s use or


enjoyment of their land.

📌 Key Elements:

To establish a claim, the claimant must prove:

1. Interference – Must be substantial (not trivial or temporary).

2. Unlawfulness – The conduct must be unreasonable in the


circumstances.

3. Harm – Actual damage is usually required (can be physical damage


or discomfort).

🏠 Examples:

 Loud music or machinery at all hours.

 Toxic fumes or smoke drifting onto a neighbor’s land.

 Water leaks damaging a neighbor’s property.

Defenses:

 Statutory authority (e.g., a factory operating under a legal


permit).

 Prescription (if the nuisance has occurred for 20+ years without
complaint).

 Consent or coming to the nuisance (though not always


successful).

2. Public Nuisance

▶️Definition:
An act that affects the reasonable comfort and convenience of a
group or class of the public.

📌 Key Points:

 Considered a criminal offense and a civil tort.

 A person can sue if they’ve suffered special damage over and


above what the general public experienced.

Examples:

 Obstructing a public road.

 Polluting a river used by the public.

 Running a brothel in a residential area (causing distress to


neighbors).

🧑‍⚖️Remedies for Nuisance

1. Damages – Financial compensation for harm done.

2. Injunction – A court order to stop or limit the nuisance.

3. Abatement – A self-help remedy where the injured party takes


action (e.g., trimming overhanging branches).

📝 Notable Case Examples

 Miller v. Jackson (1977) – Cricket balls hit into garden; held to be


a nuisance despite public interest in the sport.

 Sturges v. Bridgman (1879) – A doctor complained about noise


from a confectioner; held that the doctor’s claim succeeded.

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