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Minggu, 06 Januari 2013

Definition

Definition
Tort law
Part of the common law series
Intentional torts

    Assault
    Battery

    False imprisonment

    Intentional infliction of
    emotional distress (IIED)

    Transferred intent

Property torts

    Trespass
        land
        chattels

    Conversion
    Detinue

    Replevin
    Trover

Defenses

    Assumption of risk

    Comparative negligence

    Contributory negligence

    Consent
    Necessity

    Statute of limitations

    Self-defense

    Defense of others

    Defense of property

    Shopkeeper's privilege

Negligence

    Duty of care
    Standard of care

    Proximate cause
    Res ipsa loquitur

    Calculus of negligence

    Rescue doctrine
    Duty to rescue

Specific types
Negligent infliction of
emotional distress (NIED)

    Employment-related
    Entrustment

    Malpractice
        legal
        medical

Liability torts

    Product liability
    Quasi-tort

    Ultrahazardous activity

Nuisance

    Public nuisance

    Rylands v. Fletcher

Dignitary torts

    Defamation
    Invasion of privacy

    False light
    Breach of confidence

    Abuse of process

    Malicious prosecution

    Alienation of affections
    Seduction

Economic torts

    Fraud
    Tortious interference

    Conspiracy
    Restraint of trade

Liability, remedies

    Last clear chance
    Eggshell skull

    Vicarious liability
    Volenti non fit injuria

    Ex turpi causa non oritur actio

    Neutral reportage
    Damages

    Injunction
    Torts and conflict of laws

    Joint and several liability

    Comparative responsibility

    Market share liability

Duty to visitors

    Trespassers
    Licensees
    Invitees

    Attractive nuisance

Other common law areas

    Contracts
    Criminal law
    Evidence

    Property
    Wills, trusts and estates

Portals

    Law

    v
    t
    e

Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Legally, the term nuisance is traditionally used in three ways:

    to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
    to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
    to describe a legal liability that arises from the combination of the two.[2] However, the "interference" was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person's land that affected the enjoyment of that land.[3]

The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance)

A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.[4]

A private nuisance is simply a violation of one's use of quiet enjoyment of land. It doesn't include trespass.[5]

To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.

Any affected property owner has standing to sue for a private nuisance. If a nuisance is widespread enough, but yet has a public purpose, it is often treated at law as a public nuisance. Owners of interests in real property (whether owners, lessors, or holders of an easement or other interest) have standing only to bring private nuisance suits.
History and legal development of nuisance

In the late 19th and early 20th centuries, the law of nuisance became difficult to administer, as competing property uses often posed a nuisance to each other, and the cost of litigation to settle the issue grew prohibitive. As such, most jurisdictions now have a system of land use planning (e.g. zoning) that describes what activities are acceptable in a given location. Zoning generally overrules nuisance. For example: if a factory is operating in an industrial zone, neighbours in the neighbouring residential zone can't make a claim in nuisance. Jurisdictions without zoning laws essentially leave land use to be determined by the laws concerning nuisance.

Similarly, modern environmental laws are an adaptation of the doctrine of nuisance to modern complex societies, in that a person's use of his property may harmfully affect another's property, or person, far from the nuisance activity, and from causes not easily integrated into historic understandings of nuisance law.

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