Private Nuisance Case Study
Introduction
In this case, we are going to identify more than one legal issues, we have; private nuisance, public nuisance, negligence, tresspass, and duty of care. We are going to talk about each one individually, firstly, we would identify the issue, state the rule of law with its different sources and relating to its facts, apply the law and explain, conlude with the outcomes.
The first issue we have is a private nuisance between Geoffery and he’s neighbour Mavis. A guilty person, who does any act, that makes him guilty of an unlawful omission, which happens to be an illegal interference with your neighbour’s use or enjoyment of land, that is what private nuisance is. Hunter v Canary wharf , private nuisance is well known of its three
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In this scenario, we had a lot of issues, starting with Geoffrey’s rabbit’s noise that’s disturbing the nun, Mavis, which led to a private nuisance. Leeman v Montague ,1936. However, if the court decided that the defendant’s use of land was reasonable, then the nuisance will fail the claim, Cambridge Water Company v Eastern Counties Leather [1994].
Next were Geoffrey’s negligence, which led to Tom’s injury; the court will look if the defendant (Geoffrey) did it intentionally or unintentionally. If Geoffrey injured tom intentionally, then he will be prosecuted in assault and battery, which is a trespass to the person. “A battery is, angrily touching the other person”. – Holt C.J in Cole v.Turner 1704 . Nevertheless, if it was unintentionally, the court will take he’s cause of action as negligence, and not as trespass.
Likewise, the negligence of the electric supply caused tom’s heart to stop. The court will look that tom suffered a serious damage that was suffered by him and not other citizen, and could result to his death. Therefore, Tom can take a cause of action in public nuisance and negligence of the electrical supply company. Boyd v great northern railway
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