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  • Private Nuisance Case Study

    The legal issues that have arisen in this scenario are those concerned with private nuisance. The tort of private nuisance has been developed to protect the interests of land owners who have the right to the use and enjoyment of their property without interference. It is effectively the land that is protected and only those who own or have an interest in the land may bring a claim in private nuisance. The nuisance that Kate is suffering stems from the noise generated by a nearby airfield. Statute and case law will be employed to determine whether Kate has a case and what remedies if any are available to her. When cases of private nuisance arise it is not always possible to ascertain what the outcome will be. This is because the courts will usually be required to resolve competing interests between neighbouring properties both with owners or other interested parties who will also have the right to the use and enjoyment of their land. A private nuisance may be defined as an unreasonable interference with the use and enjoyment of land or with some right over, or connection with it. Steele, J (2014) p 595. For example, contaminating another persons land with little or toxic fumes would be considered to be a private nuisance. Kate bought the property two years ago and moved…

    Words: 1216 - Pages: 5
  • Nuisance In Environmental Law

    The above mentioned points are discussed in details as follows. (a) Nuisance – In the words of R.N.D. Hamiton “ the deepest doctrinal roots of modern environmental law are found in the common law principles of nuisance. It may be caused through escape of water, filthy liquid or substances, smokes, fumes, gas, noise, heat, vibrations, electricity, disease, bacteria, trees, etc”. Literal meaning of nuisance is anything that annoys, hurts or offends, but for an interference to an actionable…

    Words: 1545 - Pages: 7
  • The Pros And Cons Of Private Nuisance

    Nuisance can be separated into private, public and statutory nuisance. Private nuisance is “ the unreasonable use of man of his land to the detriment of his neighbour (Miller v. Jackson [1977] QB 966 (CA); 3 All ER 338) and can only be claimed by the individual affected that has an interest in the land . The potential defendants can be the creators of the nuisance, regardless of whether they are also the occupiers of the property . However, if the occupier or landlord are not the creators…

    Words: 1023 - Pages: 4
  • Gossard V. Copeland: What Is Private Nuisance?

    Can Benario, Conant, and Gossard claim private nuisance against Copeland when his elaborate display includes overbearing music and bright lights that prevents nearby neighbors’ in a residential area from getting a restful night sleep, and enjoying their property? BRIEF ANSWER Yes. Under Missouri law, private nuisance is a conjunctive test where both of the following elements must be met: (1) unreasonable, unnatural or unusual use of land which (2) substantially harms the rights of another to…

    Words: 1566 - Pages: 7
  • Trespass

    One case example of occupiers liability is a case where the owner of a premises hires the services of a repairman to fix the electrical wiring on the outside of their house. However the owner had a party on his property and broke some glasses. The repairman stepped on one of these broken glass pieces that the owner had failed to clean up. Therefore the owner has the occupiers liability and is liable for the injuries suffered by the repairman on his own property. The owner did not take reasonable…

    Words: 1217 - Pages: 5
  • Miss Stone: Negligence On A Cricket Ground

    head by a cricket ball which had been hit out of the grounds during a cricket game. She brought an action of nuisance and negligence against the cricket club for not having the necessary precautions laid in place to stop the ball from escaping the cricket ground. The cricket ground itself was sufficiently wide enough to allow for boundary scores and was surrounded by a 7ft fence. A nearby witness stated that there has been as many as five or six balls struck out of the ground in the last 30…

    Words: 935 - Pages: 4
  • Wesson Company Controversy

    When it comes to the CITY OF GARY, Indiana, vs. SMITH & WESSON case, the plaintiff asserts that the actions of manufacturers and dealers fall under a category of public nuisance because their illicit business interferes with the comfortable enjoyment of life; therefore it is subject to action. From the defendant’s standpoint, their conduct is legislatively authorized and therefore cannot be a public nuisance; furthermore, they allege not having sufficient control over the handguns at the time of…

    Words: 1201 - Pages: 5
  • Ryland's V Fletcher Case Study

    A public nuisance meddles with the general population as a class, not just one individual or a gathering of residents. No common cure exists for a private native hurt by an open annoyance, regardless of the fact that his or her mischief was more prominent than the damage endured by others; a criminal charge is the elite cure. Case Example: Tate & Lyle v Greater London Council [1983] 2 AC 509 Tate & Lyle operated a sugar refinery on the bank of the river Thames. They had a jetty from which raw…

    Words: 1002 - Pages: 5
  • Margaret Sanger Influence

    change can be traced back to the life work of Margaret Sanger. Sanger used her own strategies, by becoming a public nuisance, by interfering with the Catholic Church, the United States judiciary, and the Marxist party. Sangers also became politically active and used her writing skills to create writings to promote her way of thinking. Lastly Sangers created, and founded clinics that would change US forever. Sangers ability to pursue her dreams of women having the right to decided on birthing…

    Words: 977 - Pages: 4
  • Noise Pollution In Humans

    CONTANT Introduction: 2-3 (i) What is noise Pollution? (ii) Most Common noise How noise is measured: 3 (i) Units for measuring noise (ii) What is Nuisance Effects of Noise Pollution: 4 (i) Noise effect on Animals (ii) Noise effect on Human Preventions/Solutions 5 Introduction What is noise Pollution? Sound is crucial to our lives in daily bases, but not noise. In generally noise is defined as unwanted sound which produces uncomfortable effects and course…

    Words: 1224 - Pages: 5
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