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The Distinction Between the Tort of Negligence and the Tort of Nuisance - Case Study Example

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This paper "The Distinction Between the Tort of Negligence and the Tort of Nuisance" discusses the similarities between the tort and negligence and the tort of nuisance are primarily founded on concepts of liability. Liability alone does not justify the distinction between the torts of a nuisance…
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The Distinction Between the Tort of Negligence and the Tort of Nuisance
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Download file to see previous pages There are many instances in which establishing a claim in private nuisance does not require proof of negligence and it, therefore, remains necessary to maintain the tort of private nuisance distinct from the tort of negligence. The discussion that follows will demonstrate the necessity by comparing and contrasting both torts.
The tort of negligence is founded on the principles enunciated in the House of Lords decision in Donoghue v Stevenson which essentially defines the duty of care and situations in which a breach of that duty will give rise to a claim in negligence. Lord Atkin explained that we are required to take all necessary precautions to prevent injury to our neighbours. He goes on to fully explain the duty of care in terms which have come to known as the neighbour principle as follows:

“Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called to question”.6

In is the context of this neighbour principle that the duty of care and the resulting tort of negligence has developed. In Anns v Merton London Borough Council the test for the duty of care was held to contain three primary functions.7 The first was to determine the remoteness of damage. Secondly, the relationship between the parties must be of sufficient proximity to imposing a duty of care. Thirdly, the imposition of a duty of care must be fair and just.8 This three-tier test has been articulated in Caparo Industries Plc. v Dickman.9
In summary, to establish a calim in negligence, the plaintiff is required to prove that the defendant owed him or her a duty of care. Once this element is established he must go on to prove that the defendant breached that duty and that as a result of the breach the conduct giving rise to the breach of duty caused the plaintiff actionable damages. ...Download file to see next pages Read More
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