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Nuisance and Tresspass - Essay Example

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NUISANCE AND TRESSPASS Date Outline Introduction Nuisance Abating nuisance Public nuisance Damages An injunction Trespass The actions that amount to trespass Conclusions and advice Introduction David has just bought his first house where he now lives with his wife and children…
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Nuisance and Tresspass
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Download file to see previous pages This has caused David and his family to lose sleep through noise from the factory operations and noise from wagons coming to and leaving the factory. This is the background situation in this case where recent developments like the winning of many contracts for Harrington & Nephew Company has resulted in interference with the normal life for David and his family. David’s family has suffered a lot of harm from these recent developments. They include The rose tree that they were given on the day of their wedding has dried up. David’s wife has developed an allergy due to the dust that is emitted fro the factory. David’s family cannot sleep due to the noise that never ends day and night. The paintwork on David’s car has been destroyed because of the chemical smuts emitted from the factory’s chimney. As a result of the happenings described above, Wally, David’s son has stormed the factory and goes around searching for the manager so that he may give him apiece of his mind. Finding that the manager absent, he causes chaos and in the process a window breaks. The secretary insists that he leaves the factory but he defies. This paper is going to look at the liabilities that the construction company may have to David and his family and whether there may be any defences or remedies for the same. It is also going to explore whether the company may have any case against the family. The major concerns of the paper will be nuisance and trespass. After having explored what these two entail, we will advise Harrington & Nephew on any liabilities that they may have on David’s family. Nuisance Nuisance can be classified into either private or public. Private nuisance is committed where one person who is usually the defendant substantially and unreasonably interferes with another person’s right to use and enjoyment of their land. In our case, this is what happening to David’s family. Unlike trespass, interference can amount to a private nuisance even if it is not direct or intentional. A person’s use and enjoyment of their land might be interfered with by things such as dust, noise or vibration (Lemmon V. Webb (1894)). However, claims relating to an interference with privacy do not amount to nuisance as only Complaints about ordinary and reasonable uses of land are held viable. Private nuisance is therefore not available where the land is used for a particularly sensitive purpose or the one claiming to be affected is usually sensitive. In order to determine whether the interference is substantial and unreasonabl ...Download file to see next pages Read More
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