It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach.
In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law.
This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.
By:
Allan Beever
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Spine: 15mm
Weight: 450g
ISBN: 9781849465069
ISBN 10: 1849465061
Series: Hart Studies in Private Law
Pages: 180
Publication Date: 05 September 2013
Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
1. Introduction I. General II. Outlook III. Scope IV. Use 2 The Conventional View I. A Debate: A Comment on Style II. The View III. An Account of the Law IV. Two Specific Difficulties with the Conventional View V. Conclusion 3 The Grounds of Liability I. Finding the Ground II. Examining the Ground III. The Structure of Analysis IV. The Case Law 4 Illustrations of the General Principle I. The Rule of Give and Take, Live and Let Live II. The Location III. The Sensitivity of the Claimant IV. The Duration of the Interference V. Isolated Events 5 The Activity I. The Description of the Parties' Activities II. The Malice Doctrine 6 Coming to a Nuisance I. Bliss v Hall II. Sturges v Bridgman III. Miller v Jackson IV. Kennaway v Thompson V. Why 'Who Got There First?' Does Not Matter VI. Miller v Jackson Revisited 7 A Nuisance Coming to You I. Three Views II. The Traditional Law III. The Slide to Negligence IV. Criticism of the Contemporary Approach V. An Alternative Approach VI. Revisiting the Case Law 8 Fault and Foreseeability I. Introduction II. Fault, Negligence and Foreseeability III. Foreseeability and Nuisance IV. Justifying Strict Liability 9 The Rule in Rylands v Fletcher I. The Relationship between Nuisance and Rylands v Fletcher II. The Place of Rylands v Fletcher in the Modern Law 10 The Parties I. Standing: Who Can Sue? II. Identifying the Defendant: Who Can Be Sued? 11 Statutory Authority 12 Remedies I. Injunctions II. Remoteness 13 Conclusion
Allan Beever is Professor of Law at the University of South Australia, Adelaide.
Reviews for The Law of Private Nuisance
This is an important book. -- R.A. Buckley * The Cambridge Law Journal, Volume 73 * ... an extremely interesting, original and significant contribution to writing about the law of torts, and it is a real credit to Professor Beever that his arguments are expressed in a way that is so concise, clear and engaging. -- Roderick Bagshaw * Law Quarterly Review, Volume 130 * ...an engaging, insightful, and eminently readable text...I very much enjoyed reading this book. Beever has an engaging style of writing, speaks in plain language, is knowledgeable about the law, and demonstrates impressive insight. -- Lewis N. Klar Q.C. * Canadian Business Law Journal, Vol 56 * [A] bold an stimulating book... -- Paula Giliker * Yearbook of European Tort Law, 2013 *
