Saturday 16 April 2011

10 - Nuisance

Source: Unlocking Torts

Following is the summary of this chapter:

1)Introduction - Components: (a) Private nuisance (b) Public nuisance (c) Statutory nuisance; Rights covered: 7 rights have been listed in the book

2) Private nuisance - (a) Meaning (b) In gradients: (i) Unlawful / unreasonable use of land (ii) which causes indirect interference (iii) with another's land (c) Parties for action (c) Defences - prescription, statutory authority, planning consent, Also see what are not effective defences (d) Remedies - Injunction, damages and abatement

3) Public Nuisance - (a) Meaning (b) Ingredients: (i) Class of people (ii) Special damage (c) Remedies

4) Statutory nuisance - under Environmental Protection Act

5) Relationship with other torts such as negligence

6) Nuisance and HRA (Article 8)

7) Other remedies - (a)Anti-social behavior (b) Protection from Harassment Act (c) ADR

No comments:

Post a Comment