Law 2101 Lecture Notes - Lecture 43: Axial Tilt, Confectionery, Heat Illness
13 Apr 2018
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A nuisance = an unreasonable interference with the use or enjoyment of land or property . Nuisance law therefore protects and sets the boundaries of our property rights: notwithstanding the fact that property is mine, i am nonetheless limited in what i can do on or with my property. In particular, i am not permitted to use my property in a manner that would unreasonably interfere with your ability to use or enjoy your own property. What is the basis of liability in nuisance. The basis of liability in nuisance is best understood as strict. That is to say, a defendant needn"t intend to bring about the unreasonable interference with the use or enjoyment of the plaintiff"s property (although sometimes she will) Nor must a defendant act negligently (although sometimes she will) A defendant can therefore be held liable in nuisance even though she took all reasonable steps to ensure that the acts complained of did not constitute a nuisance.
