The Issue Of Public Nuisance - 1728 Words

Q2 TAPC have been instructed by Riverside College to demolish a derelict building and replace with the construct of the Dunn building on a section on land within the college campus. A crà ¨che in the local vicinity of the build are worried about the potential nuisance that will be causes when the building work been carried out. There are two types of nuisance, the first is public nuisance which is a crime and could also be a tort law. This is where a person or company threatens the health and safety of a community by the actions they carry out. If found guilty of breaking there duty of care they could face prison or a fine, in some cases they can receive both. The affected parties can also claim for damages but must be able to prove damages and foreseeable harm. The second is a private nuisance which is a tort law only, this is where a person or company interferes in a person’s enjoyment of land. A statutory nuisance can be anything from dust, noise, smells anything that can affect the health of people in a particular locality. If the person or company breaks there duty of care then they can be liable for damages. The claimant must have an interest in land and must also prove damages and foreseeable in order to successful be rewarded damages. The Legal authority has a legal duty to investigate any complaints about nuisance. If the Legal authority finds a nuisance then they must issue court proceedings to the polluter. If the polluter is proven to be causing a nuisanceShow MoreRelatedLaw 310 Case Study Simulaiton1228 Words   |  5 PagesSimulation: Environmental Nuisance Lawsuit LAWS310 December 14, 2011 Factual Summary: Provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts. A neighborhood group called NICE is utilizing the principles of common law-private and public nuisance and trespass- to bring attention to the problem of air, ground, and water pollution which is occurring on adjoining land to the Northfield Dairy Farm. This farmland is very expansiveRead MoreNoise Solution And Noise Pollution1027 Words   |  5 Pagespolice officers often use civil remedies to mediate what an ordinary citizen perceives to be a crime. It is important that these commercial businesses find ways to prohibit people from disturbing the peace and being a nuisance to other businesses in the surrounding area. Nuisance is defined as a condition that interferes with the neighbors’ use or enjoyment of their property, endangers life, health or safety, or is offensive to others (Campbell 2001). Most cities have laws against commercial businessRead MoreUse Of The Neighbouring Sports Turf Voiced By Jim, Tom And Marie Essay1535 Words   |  7 PagesThis opinion is based o n issues in trespass and private nuisance regarding the problems with the use of the neighbouring sports turf voiced by Jim, Tom and Marie. The conclusion is that Jim, Tom and Marie all have action available under trespass and private nuisance. Their remedies in trespass are warning trespassers to leave, seeking damages to compensate for physical damage (Marie only), contacting the school about providing a sufficient amount of rubbish bins, and seeking mandatory injunctionsRead MoreComparison Between Bkfc And Mali Essay1664 Words   |  7 Pagescontributing to the tentative conclusion that the BKFC would not owe this duty. Question b) To determine whether the BKFC is liable to the Bollystani Music Society (BMS) for private nuisance, the BMS must have title to sue, the BKFC must have requisite knowledge of the nuisance and their actions must create nuisance that substantially interferes with the BMS’s right to enjoy their land. Title to sue is present where the owner or tenant is in actual possession of the property and has exclusiveRead MoreThe American Industrial City : The Issue Of Fresh Water, Water Pollution, And Smells1480 Words   |  6 PagesThe American Industrial City: The Issue of Fresh Water, Water Pollution, and Smells Throughout the mid-19th century, many cities across America were becoming industrialized and growing in size. As a city develops and grows, the city uses resources such as food, water, raw products, and energy. All these resources are consumed within a city. The outcome of all this consumption is the production of waste (Tarr 15). In the mid-19th century, a massive migration of Americans and wave of migrants fromRead MoreThe Constitution Of The United States Essay1499 Words   |  6 Pagesof this uprising of economic distress. The party had to distract the general from proposing questions and getting mad about the financial problems taking place. The Democratic Party developed the hot button issue. The hot button issue is described as an emotional and usually controversial issue or concern that triggers an immediate, intense reaction. Instead of dealing with the economic and social problems the Democratic Party pushed race on the whites, to unite the white people from the disasterR ead MoreThe Production Of Waste ( Tarr 15 )1421 Words   |  6 Pagesindustrial cities grew dramatically and became heavily congested. As cities grew and began to emerge, many more resources were consumed and more waste was produced. Thus, this waste became an issue across many cities. The industrial city and congestion of people created a concern over access to fresh clean water, the issue of wastewater, and smells. Not all residents in parts of the industrial city were shaped by the same responses to pollution, the working class experienced environmental injustice throughoutRead MoreThe Interior Design Of A Dispersed Hotel1470 Words   |  6 PagesINTRODUCTION: When being assigned within a team responsible for the interior design of a dispersed hotel, it is of vital importance to identify all legal issues, which may become present within the scenario. Then to furthermore, to achieve this, the IRAC approach to reach a solution and conclusion, which will be in favour of all parties involved. SCENARIO A, QUESTION 1: Our client (proprietor of the hotel) has come forward to our team with questions raised over the selection of flooring materialRead MoreDiscuss the Strengths Weaknesses of Anti – Social Behaviour Orders1728 Words   |  7 Pagesrelevant persons from further anti-social acts by the Defendant (UK Crime and Disorder Act 1998). To request to issue a person with an ASBO, numerous warnings must be given to the individual, and if no progress is made a further request must be made at a Magistrates Court. The Labour government introduced the ASBO in 1998 after pressure from the general public to tackle crime issues. This led to the Crime Disorder Act of 1998, and ensured that ASBOSs first enforced on the 1st April 1999. (BBCRead More Common Law Concepts Essay1655 Words   |  7 PagesCONCEPT 1 – COMPENSATION AS A WAY TO REDUCE NUISANCE (Hogan Edwards, 2003) states the idea of compensation in Common Law is to protect the environment as it amplifies the need for organisations and individuals within a society to prevent nuisance. Furthermore, compensation concept has raised conflict between environmental concerns and restricts the property holder’s rights to fully utilize their resources. Nevertheless, the idea of compensation can also be seen as an ethical guideline for the