Tort Law is regarded as one of the most fundamental practice for aspiring lawyers to qualify for a law degree. Let us specify here that what is a Tort Law and what are the essential concepts of this Law.
Tort law course online: Concept of a Tort
Whenever a person commits an atrocity against another person or wrong’s him/her by any means that is referred to as a Tort.
Tort law is a suit where the intention is to acquire civil remedies like damages, thus it may be compared to a criminal law, which requires dealing with criminal mistakes that are punishable within the law. In comparison to criminal cases, tort lawsuits have lower bulk of proofs, sometimes a suitor may win the case even if the defendant who allegedly caused harm was acquitted in an earlier criminal trial. Both the tort and criminal law may impose liability on different parameters.
Individuals that have been affected by wrongs committed towards them are allowed to claim damages against their perpetrators, this involves a significant amount of different legal issues. Here, let’s look at a paramount legal issue which is a Nuisance.
Tort law course online: Nuisance
Traditionally, any activity that can be regarded as harmful or annoying to others can be termed as nuisance in the tort law course outline, such as indecent exposure or rubbish assemblage. The affected can sue for the right of interference within their personal space or land. Nuisance can affect either private person (Private nuisance) or a community (public nuisance).
Public Nuisance
An unreasonable or unlawful or unwarranted interference in regards to the general public is considered as public nuisance. In simpler words, a public nuisance occurs when an individual commits an act that affects a public at large or a considerable amount of people or a community and it interferes with the rights that concerned members of the public have the right to enjoy. Thus actions that can have a serious impact on the health, welfare, precautions or comfort of the public generally or that which intends to degrade public morals always fall into the category of public nuisance.
Private Nuisance
A nuisance that affects the rights of specific individual is referred to as a private nuisance. In contrast to a public nuisance, a private nuisance only affects any single entity or individual distinguishable from a public at large. An example that sheds light on the nature of private nuisance is a neighbor that plays loud music at night, in such a scenario the affected neighbor or the affected property owner can sue the perpetrator that is causing the nuisance. Although having a conversation with the neighbor is regards to curbing the nuisance usually is the 1st step but other actions can also be taken if the first one fails.
Difference between a public and private nuisance tort
|
PRIVATE NUISANCE |
PUBLIC NUISANCE |
| It is an interference in rights of a private individual. | It is an interference in the public’s rights. |
| The harm/damage is caused to an individual. | The harm/damage is caused to every person of the public. |
| The injured person may bring an action at his/her end. | A person may bring an action only if he sustains a special injury. |
| Here the accuser must prove infringement with his/her enjoyment of land. | It is actionable per se |
The typical remedy for nuisance either a public nuisance or a private nature of nuisance is damages. There are several defenses to nuisance including contributory negligence, assumption of risk, coming to the nuisance, or statutory compliance.