TUTORIAL 2

1. Discuss the effect of defendant’s liability in nuisance by carrying out activities that bring
public benefits.

2. The law of nuisance is not sympathetic to a plaintiff who is extra sensitive. Do you
agree? Discuss.

3. Nani is a law student at the Multimedia University. She rents a room in a terrace house at
Bukit Beruang. Her neighbours to the left are musicians from a band called Flyers. Flyers
members always play music in their house until 2 am in the morning. This happens on a
rate of an average of three times a week. The laud and continuous noise from the music
disrupts Nani’s study and prevents her from having a good night’s sleep.

The neighbour to her right, Danny operates a small restaurant at the front car porch. A
wood-burning oven was built which produces a lot of smoke when in use. This causes
discomfort to Nani whose room window is near to the chimney of the oven. Danny thinks
that his activity should be tolerated as its business provides a convenience to the residents
nearby.

During peak time, that is lunch hour, the front areas of the houses are crowded with cars
as most of the customer park their cars to have their lunch at the restaurant. This causes
inconvenience to the neighbours to drive in and out of their homes.

Advise Nani and the neighbouring residents on whether any legal recourse is available to
them.