Tort Paper on Nuisance

Topics: Water, Water pollution, Environmental science Pages: 12 (3691 words) Published: November 1, 2012
tort paper on nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Legally, the term nuisance is traditionally used in three ways:

← to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney) ← to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors) ← to describe a legal liability that arises from the combination of the two. However, the "interference" was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person's land that affected the enjoyment of that land. The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance). Public Nuisance:

A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be. Private Nuisance

 Private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation

Other than two general kind of nuisance one kind is Environmental Nuisance Environmental Nuisance:
In the field of environmental science, there are a number of phenomena which are considered nuisances under the law, including most notably noise and light pollution. Moreover there are some issues that are not necessarily legal matters that are termed environmental nuisance; for example, an excess population of insects or other vectors may be termed a "nuisance population" in an ecological sense. The Environmental Protection Department has a statutory duty to investigate all complaints relating to alleged nuisances. Matters considered to be a statutory nuisance are premises in such a condition as to be prejudicial to health or a nuisance, smoke, fumes or gases emitted from premises.

Any dust steam or smell or any other effluvia, accumulations or deposit and animals kept in such a place or manner as to be prejudicial to health, or a statutory nuisance.

The causes for environmental nuisances:

← Smoke, fumes or gases from any premises

← Dust, steam or smells from business premises

← Accumulations or deposits

← Animals which are badly kept

← Noise or vibration

← Premises in a poor state

← Artificial light

← Insects

Tirupur (Banian City), 50kms from Coimbatore district of Tamil Nadu has emerged as a leading cotton knitwear industrial cluster in South India, both for overseas market and the domestic market. It is primarily because the climatic conditions (high temperature and low rainfall) facilitate easy processing of yarn. In addition, availability of raw material and cheap labour has ensured that the textile industry activities here experienced rapid growth in the last two decades. Today, almost 80 per cent of India's cotton knitwear exports...
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