Admission Essay: Private Nuisance Law of Torts

Pages: 3 (966 words)  ·  Bibliography Sources: 5  ·  Level: Doctorate  ·  Topic: Business - Law  ·  Buy for $19.77

Private Nuisance Under the Australian Law of Torts

Under the common law, legitimate landowners have a fundamental right to enjoy quiet title to their properties, and this right has been extended under the law of torts to include the enjoyment of any rights that are exclusive and not generally available to the public. A breach of this enjoyment of rights is termed a "private nuisance," and as the term implies, such breaches are private matters between individuals that can only be adjudicated in civil courts unless they also involve criminal practices or conduct. To gain some additional insights into the issue of private nuisance under the Australian law of torts, this paper provides a review of the relevant peer-reviewed and scholarly literature, followed by a summary of the research and important findings in the conclusion.

Review and Discussion

Nuisances are typically categorized as being either public or private, or some combination thereof (Kozlowski 1999). As the term indicates, public nuisances involve the general public and can take the form of threats to the public health, welfare, and safety that affects all residents within its scope of its influence; by contrast, private nuisances are typically more restrictive in their range and generally interfere with a private individual's use and enjoyment of some type of property (Kozlowski 1999). Beyond these distinctions, although a tort can be a single isolated act, a private nuisance by definition involves a continuous violation of the enjoyment of property by its legitimate owner or owners. In this regard, the definition provided by Black's Law Dictionary notes that, "A private nuisance is generally anything that by its continuous use or existence works annoyance, harm, unreasonable interference, inconvenience or damage to another landowner in the enjoyment of his property" (p. 1196). The doctrine of private nuisance has been expanded, though, to include virtually any type of property, the enjoyment of which is diminished in some fashion by the actions of another (Sedleigh-Denfield v O'Callaghan [1940] AC 880 at 896-7 per Lord Atkin). According to Black's, the term also means, "A nuisance affecting a single individual or definite small number of persons in enjoyment of private rights not common to the public. It is only a tort, and the remedy therefor lies exclusively with the individual whose rights have been disturbed" (p. 1196). As a result, unless there are activities that include public nuisances involved, a private nuisance suit must be adjudicated in a civil court. In this regard, Shelson advises that, "A private nuisance affects one or a small group of property owners in a manner different from its impact on the public generally, and typically involves a private suit for damages" (2011, p. 195).

According to Hyams (2005), under Australian tort law, private nuisance suits will involve finding fault in the behaviors or practices of others that diminish the enjoyment of property in some fashion. In this regard, Hyams advises that,… [END OF PREVIEW]

Torts Tort Is a Wrongful Act Term Paper


Torts Before Entering the Matter Proper Essay


Corporate Civil Procedure & Constitutional Law Term Paper


Damages the Law Term Paper


Australian Law on Torts and Defamation Assessment


View 14 other related papers  >>

Cite This Admission Essay:

APA Format

Private Nuisance Law of Torts.  (2012, July 1).  Retrieved November 20, 2019, from https://www.essaytown.com/subjects/paper/private-nuisance-law-torts/13273

MLA Format

"Private Nuisance Law of Torts."  1 July 2012.  Web.  20 November 2019. <https://www.essaytown.com/subjects/paper/private-nuisance-law-torts/13273>.

Chicago Format

"Private Nuisance Law of Torts."  Essaytown.com.  July 1, 2012.  Accessed November 20, 2019.
https://www.essaytown.com/subjects/paper/private-nuisance-law-torts/13273.