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Finance & Accounting
Pages 14 (3514 words)
Question 1: Private Nuisance Professor Winfield’s definition of private nuisance as the unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it1, captures the common law development of the tort of private nuisance.
Nevertheless, Gearty reports, an action in private nuisance now covers a wide array of malfeasances such as “smelly oil depots, noisy speedboats” as well as “dangerous natural hazards” and can even cover using one’s premises “for prostitution.3 It therefore follows that the manner in which an individual uses his/her own land can interfere with another’s enjoyment of his/her land. Loyd LJ reflects the essence of these developments in the tort of private nuisance and Professor Winfield’s definition of private nuisance.4 In this regard, Lloyd LJ identified three specific kinds of private nuisances. First a private nuisance exists when a neighbour’s land is encroached upon. Secondly, a private nuisance occurs with a neighbour’s land sustains physical damages directly and finally, private nuisance occurs when the quiet enjoyment of the neighbour’s land is interfered with.5 It would appear that the first definition of private nuisance is essentially the same as the third definition. ...
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