legal principles of nuisance

Found insideThis book modernizes the traditional tort law textbook by combining in-depth analysis of policy with detailed discussion of legal doctrine. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET. Tort Law Concentrate is written and designed to help you succeed. Found inside – Page 916 Much of this commentary centers around the precise meaning of the Lucas court's statement that legislation which merely codifies pre - existing common - law nuisance or other background principles does not give rise to a taking . Justice ... Discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set ... This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. Found inside – Page 19801 Public Nuisance as a Substantive Tort As is already evident , the very term nuisance signifies a legal thicket — one might almost say itself something of a nuisance to lawyers — full of difficult definitional issues . The doctrine of private ... Found insideThis book focuses on the common law tort principles that apply in the territory. As a basic introduction, this book is intended to be user-friendly. The text is kept short and easy to read. Found inside – Page 121345 ALR4th 1212 Computer as nuisance The purpose of this annotation In the only case discovered that is to collect the ... an unreasonable interference appellate court reviewed general with the use and enjoyment of principles of nuisance law ... In Whose Backyard, Whose Risk, environmental lawyer, professor, and commentator Michael B. Gerrard tackles the thorny issue of how and where to dispose of hazardous and radioactive waste. The book develops a framework for thinking about ecosystem services across their ecologic, geographic, economic, social, and legal dimensions and evaluates the prospects of crafting a legal infrastructure that can help build an ecosystem ... Found inside – Page 221It certainly will tend to clarity in the application of legal principles if the doctrine of private nuisance is restricted to its proper field . ' There is little which need be added to this language . The purpose seems clear . The court states , inferentially ... This book explores this subject with case studies from various parts of the world. Found inside – Page 75Supplementing these regulatory programs are the common law legal principles enunciated by the courts . These are implemented not by agencies but by lawsuits regulating unacceptable impacts such as nuisances , allocating resources such ... Found inside – Page 17And second , ownership of private property always includes an implied limitation against using one ' s property to harm others — the basis of common law nuisance doctrine . Courts that have applied this principle to the takings issue agreed ... Providing a comprehensive analysis of the law of nuisance in England and Wales this book addresses private, public and statutory nuisance as well as the protection of the environment. Provides an explanation and interpretation of the law across the field of negligence. Found inside – Page 67The deepest doctrinal roots of modern environmental law are found in the common law principles of Nuisance . 10 The law of nuisance covers various kinds of activities when there is “ an unlawful interference with the use and ejoyment of land ... Provides a concise overview of the key concepts and principles of this area of law. Found inside – Page 195The only Common Law exception to this rule is that a master is liable for a public nuisance committed by his servant , even though he did not authorise it or even forbad it . This is because the only remedy here at Common Law is by indictment ... Found insideThis book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site ... Are the benefits of access to green space for all, or only for some? Do powerful voices dominate environmental decisions to the exclusion of others? This book focuses on such questions and the complexities involved in answering them. Found inside – Page 640Legal Environment, Transactions, and Regulation George Dana Cameron, Phillip J. Scaletta ... South Carolina must identify background principles of nuisance and property law that prohibit the uses [Lucas] now intends in the circumstances in ... Found inside – Page 220The Court of Final Appeal in its decision made an extensive review of the legal principles governing public nuisance which, due to its length, ... Found insideThis book does what it 'says on the tin' - stating the corpus of tort law as a body of principles. Provides a detailed account of the law relating to all aspects of unlawful interference with land. Covering trespass, nuisance, statutory nuisance and remedies offering the first comprehensive treatment of the subject. Found inside – Page 20814 The locality in which the act complained of takes place may also influence the decision as to whether the act is a nuisance or not ; for example , noises or smells may be nuisances in a residential quarter of a town , but not in a manufacturing ... This book argues that social and environmental justice within and between nations should be an integral part of the policies and agreements that promote sustainable development. Found inside – Page 218B. Balancing Equities in Private Nuisance Actions Under the ancient common law maxim that one should use his property so as not to injure the property of another , common law private nuisance principles confer on landowners powerful ... This is an ideal main text for undergraduate tort law courses. Gives a clear account of the most recent arguments commonly used by the courts and how they are developing from case to case The specific purpose of this book is to seek out the foundational principles governing the various existing instances of third party liability, with a view to identifying a coherent legal basis upon which such liability can develop in the ... Found inside – Page 36It has been seen that most judicial sation to the victims of pollution on the It is submitted that in order that decisions dealing with water pollu - basis of the ' precautionary principle ' a tort , like nuisance , is effective in tion before the enactment of ... Examines the extent to which the law of torts provide protection against actual or potential loss of wealth. Found inside – Page 766... 81 Principles of equity , 198 Price , how fixed in contract of sale , 256 Price paid , representation as to , 41 Prima facie evidence , 371 Printed matter in contract , how considered , 12 Private law practice by judge , 700 Private nuisance , 51 ... Found insideThis book provides the major economic, social, and psychological impacts associated with the siting of noxious facilities and their significance in mobilizing the African American community. Found insideComment, The Restatement's Attractive Nuisance Doctrine: An Attractive Alternative for Ohio, 46 Ohio St. L.J. 135, 138-139 (1985). Found inside – Page 1-607Cases such as this one illustrate the balance principle . Many cases involving common law are settled on two legal principles : nuisance and negligence . There is also full treatment of the Compensation Act 2006, and two wholly new chapters on Privacy and Deceit & Misrepresentation.An indispensable reference which will broaden the practitioner's understanding and knowledge of what is a fast ... Account of the world with case studies from various parts of the across! 67The deepest doctrinal roots of modern environmental law are settled on two legal principles: and... Are implemented not by agencies but by lawsuits regulating unacceptable impacts such this! Tort principles that apply in the common law tort principles that apply in the.... The tin ' - stating the corpus of tort law courses, inferentially... found inside Page... The first in a series of essay collections on defences in private law modernizes the traditional tort law as basic! Extent to which the law of torts provide protection against actual or potential loss of.. 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