Page 90 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
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Politeknik Kota Bharu
3.4.2 NUISANCE
• French: nuisance, nuisance
• Latin: nocere
• Example : Ryland v Fletcher case (water).
• Means that which causes offence, annoyance, trouble, or injury
• To describe an activity or condition that is harmful or
annoying to others (rubbish heap).
• To describe the harmful caused by above activity or condition.
Example: bad odor.
• To describe the legal liability (responsibility) that arises from
the combination of two above.
• Remedies : damages – payment, injunction – prevent
defendant to repeat the nuisance, abatement.
Common law: property owner is entitled to the quiet enjoyment
of their land. If a neighbor interferes with that quiet enjoyment
either creating smells, sounds, pollution or other hazard that
extends past the boundaries, affected party may claim in
nuisance.
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