LAW 122 Lecture Notes - Lecture 31: Electric Beacon
15 Sep 2017
School
Department
Course
Professor
Document Summary
This question requires a very careful reading of the chapter. Although hints exist elsewhere in the text, the answer is found in footnote 26. A private nuisance occurs when the defendant unreasonably interferes with the plaintiff"s use and enjoyment of its own land. The tort of public nuisance occurs when the defendant commits the crime of common nuisance against the public, but creates a special loss for the plaintiff: criminal code, rsc 1985, c c-46, s 180(2). That defence applies only if the nuisance that occurred was the inevitable result of bouba performing the statutorily authorized act. The damage to virginia"s house was not inevitable. Although bouba received permission to build a radio beacon, he was given a great deal of discretion as to the structure"s height, shape, size, and location. He clearly could have built a beacon in a way that did not imperil.
