ENVS201 Study Guide - Final Guide: Nuisance, Public Nuisance, Lake Ontario
3 Feb 2017
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Document Summary
Respects (cid:498)precautionary principle(cid:499) because it anticipates, prevents and attacks the causes of env degradation. Direct material injury, therefore cannot say activity carried in unsuitable place. Injuries diminished comfort, enjoyment & value of property. If a person brings anything on his land, escapes & cause damage to neighbour, he is responsible, however careful. Nuisance exists - it has caused b some injury; for this there should be a remedy. M failed to establish that the defendant has caused them nuisance since m"s expectation of quiet and tranquility is unreasonable in locality which is commercial. Product has escaped to neighbours property, therefore liable regardless of precautions taken but natural use of land since it is in industrial area & is beneficial to community. Affect value of private property but s failed to prove damages. Dicta ("s concerns fit well under their rubric of preventive action. Under nuisance, the law does not regard trifling & small inconveniences.
