Nuisance in English law

Nuisance in English law

Jesse Russell Ronald Cohn

     

бумажная книга



ISBN: 978-5-5106-4917-8

High Quality Content by WIKIPEDIA articles! 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 `s land or his use or enjoyment of that land", and public nuisance, where the defendant`s actions "materially affects the reasonable comfort and convenience of life of a class of Her Majesty`s subjects"; public nuisance is also a crime. Both torts have been present from the time of Henry III, being affected by a variety of philosophical shifts through the years which saw them become first looser and then far more stringent and less protecting of an individual`s rights. Each tort requires the claimant to prove that the defendant`s actions caused interference, which was unreasonable, and in some situations the intention of the defendant may also be taken into account. A significant difference is that private nuisance does not allow a claimant to claim for any personal injury suffered, while public nuisance does.