Tort Law II

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Private Nuisance

defendant unlawfully interferes with his use or enjoyment of his land

plaintiff complains of an 'invasion' of his land resulting from activities committed on defendants land

usually smell or noise related

becomes unlawful when it is unreasonable

Nuisance:

A tort entirely connected with land

- Private Nuisance

- Public Nuisance

Public Nuisance

an interference with the rights of the public's use of the land

particular individual can show a higher degree of loss than the rest of the public, individual can recover damages

most common instance of PN is an unlawful obstruction with the public's right of passage along a highway

e.g. Golf Club so close to road that balls swing into way of cars

Private Nuisance

4 Types

interference with a right of way (blockage of a private right of way)

Encroachment onto a neighbour's land (tree -

Direct physical injury to a neighbour's land

Interference with a neighbour's quiet enjoyment of land

What may be a nuisance in a residential area may bot be so in an industrial area

No defence to say "I did not create the nuisance"

No defence to show that the Plaintiff came to the nuisance

Trespass involves wrongful interference with the goods, person or land of another

Interference is of a direct physical nature

3 Types of trespass

Trespass to goods - an unlawful interference with another's possession of goods

Trespass to the person - any direct interference with a person in a physical manner

Trespass to the land

Trespass to the person

more significant before the ACC legislation

e.g. Assault

Battery

False imprisonment

Harassment

Trespass to the land

can take various forms

Personal entry onto land

Remaining on land after earlier permission has been withdrawn

Leaving objects on land

Features of trespass to land

Area protected

Plaintiffs

Signs and Warnings

Act of trespass may lead to criminal liability after a warning has been given

Defences of trespass to a land

Defendant had permission by licence to enter

there was a necessity

exercise of lawful or statutory authority

defendant going onto another's land in order to abate a nuisance in a reasonable manner

Defamation

The publication of a statement which:

tends to lower a person in the estimation of right-thinking members of society

brings a person into hatred, ridicule or contempt

causes a person to be shunned or avoided

2 main forms of defamation

Libel - Libel is defamation in a permanent or potentially permanent form e.g. Writing

Slander - in transient form e.g. Speech

Plaintiff must prove

matter was defamatory in law

defamatory matter identified plaintiff directly

statement published to at least one other person

Defences

Truth

Honest opinion

Innocent dissemination

Consent to publication

Absolute privilege

Qualified privilege

Remedies

Damages

Injunction

Declaration

A recommendation of correction

Nuisance

Trespass

Defamation