Torts to the person as well as property

1. Negligence
2. Nuisance

Negligence:
Negligence means a tort committed by failure to act as a reasonable person to
someone to whom she/he owes a duty, as required by law under the
circumstances. Examples of negligence are car accidents, slip and fall accidents,
and most medical misconduct cases.
Elements of negligence:
There are 4 elements that must be proved by the plaintiff for a successful
negligence suit:
i. The defendant owed a duty of care to the plaintiff
ii. The duty of care was breached by the defendant.
iii. The plaintiff suffered injuries.
iv. The breach of duty was the actual and legal cause of the injuries suffered
by the plaintiff.
The 4 elements of the tort of negligence:
i. The claimant suffered a type of damage recognized by the law of tort.
ii. The defendant owed the claimant a duty of care.
iii. The defendant breached the duty of care
iv. The breach caused the claimant reasonably foreseeable damage.
The burden of proof will always be on the claimant;
Duty (defendant)
Breach (defendant)
Causation (plaintiff)
+ Damage (plaintiff)
Negligence
Contributory negligence:
Here both the plaintiff and the defendant are at fault.
Example: Careless driving and driving without seat belt
Douglas Vs. Harris

Res Ispa Loquitur:

Here the defendant's duty of care is breach. It is accidently, but the defendant
has the ability to prevent accident.
Roe Vs. Minister of Health

Nuisance:
The word “nuisance” is derived from the French word “nuire”, which means
“to do hurt, or to annoy”. The plaintiff can be mentally and physically disturbed
in any way. There is no need for intention.
There are two types of Nuisance:
1. Public Nuisance:
Public nuisance is an activity or state of affairs which
unreasonably interferes with the health, safety, or comfort of the public at
large. Public nuisance is a crime whose prosecution is left to public bodies. It is
concerned with conduct in endangering the public and has a wider scope of
application, as it is not limited to conduct interfering with the enjoyment of
land.
2. Private Nuisance:
Public nuisance is an activity or state of affairs which
unreasonably interferes with the use of enjoyment of land or rights over land.
Private nuisance is a tort available to land occupiers or persons having
property rights or exclusive occupation in land.
Essential Elements of Nuisance:
i. The plaintiff must have right to use and enjoyment of land,
ii. There must be interference with such use and enjoyment
iii. The interference must be unreasonable
iv. Damages to the plaintiff

Defenses:
 Prescription:
If the nuisance has been continued for 20 years without
interruption the defendant will not liable if he/she pleads a prescriptive right
to the nuisance.
Sturges Vs Bridgman

 Statutory authority:
There will be a defense to private nuisance if it can be shown
that the activities complained of by the claimant were authorized by a statute.
Lord Dunedin in Manchester Corporation Vs. Farnworth

 Coming to the nuisance no defense:

It is no defense to prove that the claimant to the nuisance.
Bliss Vs. Hall
Remedies:
 Injunction:
An injunction will only be granted at the discretion of the court
 Damages:
In cases of nuisance by encroachment or damage to land, the
measure of damages will be the diminution in the value of land; in cases of
interference with enjoyment the measure will be the reduction in amenity
value.
 Abatement:
This is the remedy for self-help, removing over-hanging three
branches which are nuisance