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Question: Why is the right to sue in private nuisance now restricted to those who have a proprietary interest in the land affected? Do you agree with the rule?

Answer: Private nuisance is an unreasonable interference with another’s use or enjoyment of land. This interference may be deliberate or accidental, and there is no need for the claimant to prove negligence to succeed. The law of private nuisance aims to strike a balance between competing interests; that of one occupier in using his land as he thinks fit and that of his neighbour in the quiet enjoyment of his own land. Nuisance is concerned with harm caused to an interest in land; the action is not concerned with injury to the person or property except to the extent that this demonstrates that the claimant’s interest in land has been affected by the activity complained of. Thus in order to sue the claimant must be able to point to an interest in land as in Malone v Laskey. There was some atte......(short extract)

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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 555 | References: No | Date written: January, 2014 | Date submitted: April 01, 2016 | Coursework ID: 960

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