Page 91 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

(i) Private Nuisance (tort)

✓ Rapier cases (horse dump).

✓ Unlawful interference with a person’s use or enjoyment of

land.

✓ A violation of one’s use of quiet enjoyment of land (not

include trespass).

✓ 2 Elements required to establish private nuisance:

i. Unreasonable use of land – interference is substantial

in nature and interference is reasonable.

ii. Damage – plaintiff must prove that he has suffered

damage either interference with quiet enjoyment of land

or physical damage if his land (substantial interference).

(ii) Public Nuisance (crime and tort)

✓ Example : Tate & Lyle v GLC (ferry terminal).

✓ Public nuisance arises when an act materially affects the

reasonable comfort and convenience of life of the society.

✓ An unreasonable interference with the public’s right to

property (incl. public health, safety, peace, convenience).

✓ May be charge under criminal law by public prosecutor or

plaintiff who wishes to sue for public nuisance (tort).

✓ May be charge under tort by plaintiff for damage payment if

has land is affected. (Special damage).

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