Nuisance

Prepared by: Donee Williams, Conroy Jacobs, Antonette Brown, Shannon Lobban, Brian Collins, Christopher Williams and Corey Medham

Definitions of Nuisance
A nuisance is an inconvenience materially interfering with the ordinary comfort of human existence. Nuisance is categorized in two categories: y Public Nuisance y Private Nuisance

PUBLIC NUISANCE

Public Nuisance
According to the Commonwealth Caribbean Tort Law (2003) a public nuisance is committed where a person carries on some harmful activity which affects the general public or section of the public.

Public Nuisance
A person is guilty of a public nuisance: y Does an act not warranted by law. y Omits to discharge a legal duty, if the effect of the act or omission is to endanger the life, health, property or comfort of the public, or to obstruct the public in the exercise or enjoyment of rights common to all Her Majesty s subjects.

Public Nuisance
Examples of Public Nuisance: y obstructing the highway y blasting and quarrying near built-up areas y noisy parties y allowing land to be used as a dump, creating a dangerous or noxious environment

Public Nuisance
The legal effect of a public nuisance is threefold: y If someone is affected to an exceptional degree, distinguishable from the effect on the general or local public, the person affected can sue in tort. y If the person responsible knew, or ought to have known, of the bad effects on the public, he or she is guilty of a criminal offence.

Public Nuisance
The legal effect of a public nuisance is threefold:
y

The Attorney General, the local authority or the person affected may bring proceedings for an injunction.

Public Nuisance
Effect on the public, a variety of formulations is quoted in Rimmington eg. y which causes any common injury, danger or annoyance to the public. y which act or omission endangers the lives safety health property or comfort of the public

Public Nuisance
which act or omission obstructs or causes inconvenience or damage to the public y if the effect of the act or omission is to endanger the life, health, property, morals, or comfort of the public
y

Public Nuisance
The requirement of common injury gives rise to four questions: y injury to whom (or to how many)? y what type of injury? y how great an injury? y for how long?

Who can be sued???
‡

Creator of the nuisance The occupier of the premises from where the nuisance emanates In some instances the Landlord

‡

‡

Remedies for public nuisance
y

Criminal aspect- a prosecution or an application for an in junction by the Attorney General. Civil aspect- an application for an injunction and/or damages by the person suffering loss.

y

PRIVATE NUISANCE

Private Nuisance
A Private Nuisance is a tort only (civil wrong) and is therefore not a crime. Private Nuisance protects the individual owner or occupier of land from substantial inference with his enjoyment thereof.

Private Nuisance
Categories of Private Nuisance Physical injury to the plaintiff·s property. y Interference with user. y Interference with rights of access.
y

Private Nuisance
Elements to Prove Private Nuisance ‡ That the nuisance was unreasonable and substantially affected the reasonable comfort of life for the public.
‡

That he/she suffered a particular loss or damage which was more than that suffered by the public as a direct result of the nuisance i.e. Physical injury.

Private Nuisance
Cont·d ‡ That the injury or loss was not too remote.

Private Nuisance
Persons Liable for Suits? ‡ Creator of the nuisance ‡ Occupiers ‡ Landlord ‡ Defences

Private Nuisance
Remedies for Private Nuisance ‡ Injunctions ‡ Damages ‡ Abatements

Public Nuisance vs Private Nuisance
y

Private nuisance is a tort only. Public nuisance is a crime and a tort. To succeed in private nuisance the plantiff must have an interest in land, however in public nuisance there is no such requirement.

y

y

Protecting the Environment from nuisance
y

Subsidies Emission Charges Marketable emission permits

y

y

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