LAW430A- Midterm Exam Guide - Comprehensive Notes for the exam ( 19 pages long!)

• School: University of Alberta
• Department: Law
• Course: LAW430A
• Professor: Ireh Iyioha

Document Summary

Appleby v erie tobacco co, rogers v elliott, fontainebleu hotel corp v 45 25 inc, bamford v turnley. A nuisance is a sustained activity that amounts to an unreasonable and substantial interference with the use and enjoyment of neighbouring land. Private nuisance operates in 2 contexts: protecting land interest from indirect and continuing interferences that emanate from neighbouring lands; and it shifts the costs of activities from individual victims to those best equipped to distribute costs among beneficiaries. Nuisance concerns those interferences that i(cid:374)terfere (cid:449)ith a plai(cid:374)tiff(cid:859)s use a(cid:374)d e(cid:374)jo(cid:455)(cid:373)e(cid:374)t of their own land. Unreasonable (objective test)(antrim) (material or substantial) damage cannot be merely speculative, sentimental, fleeting, or temporary. Examine ordinary practices, habits or norms of people living in a given society. Not elegant or dainty or peculiar ways & habits. Not sensibilities of overly fastidious or fussy people. Something that would not affect ordinary people is not a nuisance (rogers)