Sunday, February 17, 2019
Tort, Negligence and Nuisance Claims :: Tort Law
A number of aspects of liability produce from this cocktail dress study and each one will be discussed. With regards to the headaches suffered by Karl, it is necessary to look at private nuisance. Negligence is disregarded as it is assumed from the details in the case study that the headaches suffered are not so serious as to ca engross personal injury, it is just depict as mere discomfort. Such a claim under the law of nuisance requires three factors to be fulfilled. The first being a continuous interference. This is shown in De Keysers Royal Hotel v Spicer Bros Ltd (1914) 30 TLR 257. From the case study one can assume that it is a continuing meddlesome act and not a one off. Secondly, the interference must be unlawful or anomalous. This is up to the claimant to prove. The rule for this is sic utere tuo ut alienum non laedas (So use your own property as not to injure your neighbours). The locality in this instance reflects the unreasonab leness of Janes actions. It occurred in a residential area and so such Gases were not to be expected. The duration of the act will excessively be taken into account. Because Jane is a young inventor it is assumed her sound is an ongoing process and not a one off as explained above. The seriousness is also considered. In Walter v Selfe (1851), Knight-Bruce V C say an inconvenience materially interfering with the ordinary comfort physically of sympathetic existence, not merely according to elegant or dainty modes and habits of living, only when according too the plain sober and simple notions among the English people. This shows Janes actions would be deemed unreasonable, heightened by the fact that the incident occurred in a admit area, not an industrial estate. The sensitivity of the defendant, the utility of his conduct and a bitchy aspect may be also discussed but this is not pertinent in this case. Thus the second aspect of unlawful or un reasonable interference is established.
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