Term 2 Law

Privity of Contract

Only parties of the contract can enforce contractual rights & obligations against each other, but not the third party.

Public Nuisance

Consists of causing some harm or infringement to the rights of public, caused to the public at large.

Private Nuisance

consists of some unlawful interference with a person’s use or enjoyment of their land.

Characteristics of nuisance

• Duration of nuisance

• Nature of locality

• Abnormal sensitivity

• Public benefit

• Malicious intent

• Natural state of land

Duration of Nuisance

• Continuous

• Recurrent

• Substantial

• Unreasonable hours

Nature of Locality

One should neither expect to breathe clean air in an industrial town nor polluted air in the countryside.

But if the interference causes physical damage, nature of locality will not be a factor and it would be considered nuisance.

Abnormal Sensitivity

If an interference causes discomfort or harm to an abnormally sensitive person, there will be no nuisance if the same interference would not have caused discomfort or harm to a normal person.

Public Benefit

Just because a defendant’s acts are beneficial to the general public will not excuse the fact that his acts amount to a nuisance.

Malicious Intent

If court finds out that an act was carried out with malice, then they may decide such an act amounts to nuisance even if the act would not normally be considered an unreasonable interference.

Natural state of Land

The occupier of land may be liable for a naturally occurring state of affairs on his land which constitutes a nuisance to his neighbours, if he knows about it and fails to take any reasonable steps to remedy it.

Definition of Trespass

tort of interfering with another’s land or goods, or harming someone by assault or false imprisonment.

TTL

Trespass to land is the direct interference with the possession of another person’s land without lawful authority.

TTC

An action for trespass to chattels may lie for direct and intentional contact with chattels. (Can’t consequential, physical contact not necesary

TTP

A trespass to the person is an intentional interference with the person or liberty of another person. 

Vicarious liability

Situation where one is held liable for a tort committed by another

Remedies for nuisance

Damages and an Injunction

Define Tortfeasor

Person who committed the tort

Define Damages

Injured party can claim compensation from tortfeasor.

Define Injunction

An order from court which prohibits the defendant from carrying out a particular action in the future. Usually granted for a continuing nuisance.

Inevitable accident

an unforeseeable and unavoidable interference despite reasonable care occurs

Actionable per se

No need proof of damage to sue

Trespass ab initio

When a person enters another land with legal authority but abuses that authority by comitting a positive wrongful act