Law of Private Nuisance

1. Auflage 2013
ISBN: 978-1-84946-506-9
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 180 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 435 g

Reihe: Bloomsbury 3PL

It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach.

In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law.

This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.

Autoren/Hrsg.

Beever, Allan

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction

I. General

II. Outlook

III. Scope

IV. Use
2 The Conventional View

I. A Debate: A Comment on Style

II. The View

III. An Account of the Law

IV. Two Specific Difficulties with the Conventional View

V. Conclusion

3 The Grounds of Liability

I. Finding the Ground

II. Examining the Ground

III. The Structure of Analysis

IV. The Case Law

4 Illustrations of the General Principle

I. The Rule of Give and Take, Live and Let Live

II. The Location

III. The Sensitivity of the Claimant

IV. The Duration of the Interference

V. Isolated Events
5 The Activity

I. The Description of the Parties' Activities

II. The Malice Doctrine
6 Coming to a Nuisance

I. Bliss v Hall

II. Sturges v Bridgman
III. Miller v Jackson

IV. Kennaway v Thompson

V. Why 'Who Got There First?' Does Not Matter

VI. Miller v Jackson Revisited

7 A Nuisance Coming to You

I. Three Views

II. The Traditional Law

III. The Slide to Negligence

IV. Criticism of the Contemporary Approach

V. An Alternative Approach

VI. Revisiting the Case Law

8 Fault and Foreseeability

I. Introduction
II. Fault, Negligence and Foreseeability

III. Foreseeability and Nuisance

IV. Justifying Strict Liability

9 The Rule in Rylands v Fletcher

I. The Relationship between Nuisance and Rylands v Fletcher

II. The Place of Rylands v Fletcher in the Modern Law

10 The Parties

I. Standing: Who Can Sue?

II. Identifying the Defendant: Who Can Be Sued?

11 Statutory Authority

12 Remedies

I. Injunctions

II. Remoteness

13 Conclusion

Über Autor(innen)

Beever, Allan
Allan Beever is Professor of Law at Auckland University of Technology.

Allan Beever is Professor of Law at the University of South Australia, Adelaide.