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Public Nuisance - Case Study Example

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The paper 'Public Nuisance' presents a nuisance which is an actionable tort. The action varies depending on whether it is a public or private nuisance. While public nuisance is a crime, a private nuisance is a civil wrong. It is defined as an action or state of affairs substantially…
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Public Nuisance
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Download file to see previous pages This was only an obiter.2 It should be noted that the damage must be to the land and not merely chattels that happen to be on the land as was discussed in Anglian Water Services Ltd.3 wherein Stanley Burnton J did not consider the interruption to the supply of gas as interference with the use of land as appliances could always be replaced. It is therefore clear that not every interference is actionable as a nuisance. Minor irritations in the neighbourhood without toleration amongst neighbours cannot be brought to action under nuisance. Interference to a reasonable extent that is quite natural from a neighbour should, therefore, be tolerated. Such excusable interferences are generally in the nature of affecting the quiet enjoyment of the land. A principle of giving and take and let live was expressed in Bamfond case as early as in 1862.4 The give and take principle was also echoed by Lord Goff in Cambridge Water Co case.5 An occasional birthday party in the neighbour’s house till late in the night with attendant noise should therefore not be a nuisance. If every minor irritation is actionable, it amounts to interfering with the freedom of enjoyment one’s own on his own land. It therefore follows that law expects the interference with the claimant’s land or any right or any interest in that land should be substantial and reasonable.6 Although a range of activities that may result in nuisance under tort may include emission of noxious fumes, smoke, noise and heat or production of violent vibrations, not every such smoke or noise can constitute a nuisance. A CD player’s a disturbance at a high volume for a fleeting moment caused by a child but quickly turned off by the father cannot constitute a nuisance. A momentary increase in volume cannot constitute nuisance that is substantial or unreasonable. However, the magnitude and unreasonableness are context-dependant. It should be noted that the damage must be to the land and not merely chattels that happen to be on the land as was discussed in Anglian Water Services Ltd. wherein Stanley Burnton J did not consider the interruption to the supply of gas as interference with the use of land as appliances could always be replaced. ...Download file to see next pagesRead More
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