LAW 122 Study Guide - Himalaya Clause, Posting Rule, Estoppel
22 Jan 2014
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Document Summary
The tort of nuisance occurs when the defendant unreasonably interferes with the plaintiff"s use and enjoyment of their own land (our discussion is limited to the tort of private nuisance). A nuisance occurs if the defendant interferes with the plaintiff"s use of their land; interference can happen in a variety of ways. A nuisance occurs only if the defendant"s interference is unreasonable. The courts look at a number of factors, physical damage being unreasonable, but not if it"s just merely impairing the enjoyment of the plaintiff"s property especially if the defendant is non-intrusive. They also consider the nature of the neighbourhood, and the time & day of the interference, the intensity and duration of the interference, the social utility of the defendant"s conduct and the defendant"s motivation. The defence of statutory authority means that the defendant caused a nuisance while acting under legislation. It applies only if the nuisance was an inevitable result of the statutorily authorized activity.
