Law 2101 Lecture 25: tort 3
27 Dec 2018
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Document Summary
A nusiance: an unreasonable interference with the use/enjoyment of land/property. Protects and sets the boundaries of our property rights: notwithstanding the fact that is property is mine, i am nonetheless limited in what i can do on or with my property. In particular, i am not permitted to use my property in a manner that would unreasonably interfere with your ability to use or enjoy your own property. The basis of liability in nuisance is best understood as strict. That is to say, a defendant needn"t intend to bring about the unreasonable interference with the use or enjoyment of the plaintiff"s property (although sometimes she will) Nor must a defendant act negligently (although sometimes she will) A defendant can therefore be held liable in nuisance even though she took all reasonable steps to ensure that the acts complained of did not constitute a nuisance. The defendant was a tobacco manufacturer whose manufacturing process produced a noxious smell.
