LIA1003 TORT I

TUTORIAL QUESTIONS ON NUISANCE

1. Answer Both questions from section (i) and (ii):

(a) (i) What is the difference between public nuisance and private nuisance?
Why is this distinction important?

and

(ii) In determining the existence of unreasonable interference, the level and

duration of the interference form an important factor over any other
factors.

Is this position true in relation to nuisance?

2. Klue Sdn Bhd is a glue factory which set up operation 5 years ago in an industrial
area in PJ. Due to a drastic reduction in the market demand for its product, the factory
has had to downsize its operations. Initially the factory employed 300 workers but since
January 2016, it employs only 20 workers and much of the factory premises are left
unattended as the factory now operates for only four days a week. There are heaps of
rubbish surrounding the factory compound and at dusk there are many mosquitoes
there.

Across the road from Klue Sdn Bhd is a residential area. Azhar, Bala and Tan
live in their respective houses which face the road. They allege that since February
2016, the rubbish left in the factory compound is an eyesore and sometimes when the
wind blows from the factory area into the direction of their houses, they are exposed to
unpleasant odours. Moreover, they have been bitten and disturbed by the mosquitoes
for the past few months. Mala, a tenant at Bala’s house had been bitten by mosquitoes
and suffered from dengue fever. She was hospitalised for one week. They wish to seek
compensation from Klue Sdn Bhd.

Advise Azhar, Bala, Tan and Mala on the tort of nuisance.