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Tort Law Directions

Tort Law Directions (8th edn)

Carol Brennan
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date: 18 February 2025

p. 28912. Nuisancelocked

p. 28912. Nuisancelocked

  • Carol BrennanCarol BrennanTeaching Fellow on the Undergraduate Laws Programme, University of London

Abstract

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Nuisance protects against ‘indirect’ interference with the claimant’s use and enjoyment of land. There are two categories of nuisance: public nuisance and private nuisance. Private nuisance refers to an unreasonable interference with the use or enjoyment of land. In order to sue in private nuisance, the claimant must have an interest in the land affected. This chapter examines the elements of liability in private and public nuisance and discusses the differences between them.. It also looks at the relationship between nuisance and fault-based liability and evaluates the human rights dimension to the law of nuisance.

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