Abstract

This chapter examines the provisions of tort law concerning private and public nuisance. It explains that the tort of private nuisance protects the rights in the use of land, rights in the enjoyment of land, and rights in land itself so as to protect against physical damage to land. It highlights the difficulty in establishing whether private nuisance constitutes a tort of strict liability. This chapter also discusses the elements of public nuisance and analyses relevant court cases.

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