nuisance presentation

8/8/2019 Nuisance Presentation

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NuisanceNuisance

Prepared by: Donee Williams, Conroy Jacobs,Antonette Brown, Shannon Lobban,

Brian Collins, Christopher Williamsand Corey Medham


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Definitions of NuisanceDefinitions 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


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PUBLIC NUISANCEPUBLIC NUISANCE


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Public NuisancePublic 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.


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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 ofrights common to all Her Majestys

subjects.


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Examples of Public Nuisance:

y obstructing the highway

y

blasting and quarrying near built-up areasy noisy parties

y allowing land to be used as a dump,

creating a dangerous or noxious

environment


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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 oughtto have known, of the bad effects on the

public, he or she is guilty of a criminal

offence.


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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.


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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 thepublic


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y 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


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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?


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Who can be sued???Who can be sued???

Creator of the nuisance

The occupier of the premises from where

the nuisance emanates

In some instances the Landlord


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Remedies for public nuisanceRemedies for public nuisance

y Criminal aspect- a prosecution or an

application for an in junction by the

Attorney General.

y Civil aspect- an application for an

injunction and/or damages by the person

suffering loss.


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PRIVATE NUISANCEPRIVATE NUISANCE


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Private NuisancePrivate 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 fromsubstantial inference with his enjoyment

thereof.


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Categories of Private Nuisance

y Physical injury to the plaintiffs property.

y Interference with user.

y Interference with rights of access.


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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 thatsuffered by the public as a direct result of

the nuisance i.e. Physical injury.


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Contd

That the injury or loss was not too

remote.


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Persons Liable for Suits?

Creator of the nuisance

Occupiers

Landlord

Defences


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Remedies for Private Nuisance

Injunctions

Damages

Abatements


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Public NuisancePublic Nuisance vsvs Private NuisancePrivate Nuisance

y Private nuisance is a tort only.

y Public nuisance is a crime and a tort.

y To succeed in private nuisance the plantiff

must have an interest in land, however in

public nuisance there is no such

requirement.


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Protecting the Environment fromProtecting the Environment from

nuisancenuisance

y Subsidies

y Emission Charges

y Marketable emission permits

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