BU233 Lecture 20: BU231-Textbook-Notes

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19 Sep 2018
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Some activities, such as transporting high explosives, are inherently dangerous regardless of the amount of care taken, therefore it is logical that a person knowingly undertaking an inherently dangerous activity should be strictly liable for any resulting damage. It seems only fair that the person who makes the profit from an activity should also be liable for any loss. Intentional torts are those where the activity or conduct is done deliberately, not by accident: harm may be unexpected, and intention relates only to the behaviour, not the resulting damage. So called amenities nuisance, where the nuisance interferes with the use of amenities on the property (requires proof that the interference was both substantial and unreasonable: whether or not the interference is substantial depends on the circumstances. For example, the maximum noise level considered as acceptable in an industrial area would most likely be considered substantial interference for a holiday resort area, this must be taken into consideration.

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