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Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his/her use or enjoyment of that land", [1] and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of His ...
Attractive nuisance – A landowner may be liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land is likely to attract children. Duty of care – Liability arises when a tortfeasor fails to observe a duty of care toward the claimant. With regard to liability for landowners ...
[96] [100] In Japan in 1986, fewer than 1% of automobile accidents involving death or an injury resulted in litigation, compared to 21.5% in the United States, a difference Tanase argues can be attributed to the availability of non-litigious methods of assessing fault, advising victims, determining compensation, and ensuring payment. [102]
Nuisance is a form of lesser interference with land. [38] It may be private or public, and private nuisance has come to cover the conduct of the defendants which affects the claimant's interest in the land. [51] The law regarding nuisance in India is closely modelled after that in England and Wales. [52]
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable ...
[51] [52] In form (1), where an injury does not amount to grievous bodily harm, intent to cause grievous bodily harm (in the advancement of a different cause) must be shown. Practically, the "virtual certainty" clause cannot come into force, since grievous bodily harm was not actually caused, by definition. [51]
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.