LAW 122 Lecture Notes - Lecture 3: Non-Disclosure Agreement, Sales Process Engineering, Eggshell Skull
27 Oct 2018
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The tort of nuisance is broadly defined as unreasonably interfering another person from using or enjoying their land. All of the 3 situations described here, at first with. As to whether it would constitute a nuisance, however, is unclear. This is because in this case, the courts would have to consider competing principles. Generally, even if i move to an area where a source of a nuisance previously existed, it is not a defence to that nuisance that the nuisance pre-existed my moving there. Hence, the fact that the smell existed prior to the couple moving to this area will not protect the factory from liability. However the courts will also consider the nature of a neighbourhood in determining whether there is a nuisance. Here we have what is described as an industrial part of town - hence such smells might be expected and reasonable.
