Page 84 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
P. 84
Politeknik Kota Bharu
Nuisance
Nuisance – Denial of quiet enjoyment to owners of real property.
A private nuisance is an unreasonable, unwarranted, or unlawful
interference with another person's private use and enjoyment of
his or her property, whereas a public nuisance is an interference
with the rights of the public generally. The test to determine
whether an interference is reasonable is whether the gravity of
the harm is outweighed by the social benefit of the nuisance.
Negligence
Negligence is a failure to exercise the care that a reasonably
prudent person would exercise in like circumstances.
- Duty of care - Factual causation - Negligent Infliction
of Emotional
- Breach of - Legal causation or Distress
duty remoteness
- Damages
Duty to visitors
- Attractive - Trespasser - Invitee
nuisance
- Licensee
Strict liability torts
- Product liability
- Ultra-hazardous
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