Search results
Results from the WOW.Com Content Network
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 ...
In Scotland, there's no recognized distinction between public and private nuisances. The law as to what constitutes a nuisance is substantially the same as in England. A list of statutory nuisances will be found in the Public Health (Scotland) Act 1867 (30 & 31 Vict. c. 101), and amending acts. The remedy for nuisance is by interdict, or action.
And also, public nuisance is a criminal offense at some common law and by statute under some states. [2] [3] To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant's interference is substantial and unreasonable. [4]
The tort of nuisance allows a claimant (formerly plaintiff) to sue for most acts that interfere with their use and enjoyment of their land. A good example of this is in the case of Jones v Powell (1629). [28] A brewery made stinking vapours waft to neighbours' property, damaging his papers.
The attractive nuisance doctrine emerged from case law in England, starting with Lynch v. Nurdin in 1841. In that case, an opinion by Lord Chief Justice Thomas Denman held that the owner of a cart left unattended on the street could be held liable for injuries to a child who climbed onto the cart and fell. [3]
For premium support please call: 800-290-4726 more ways to reach us
This decision was made in large part because an Arizona statute called any "place in populous areas which constitutes a breeding place for flies . . . " and other animals that can carry disease is a public nuisance. Determining south Sun City to be a "populous area" the court said that injunction was thus proper.
For premium support please call: 800-290-4726 more ways to reach us