Tort Law on Nuisance

Tort Law on Nuisance

Introduction

The word tort has been derived from the Latin word "tortum" which means to twist. In general, it means conduct that adversely affects the legal right of others and is thus, "wrong". For a healthy society it is necessary that it be free of anti-social elements and that an individual should have freedom to exercise his rights without being restricted by others (Hodge, 2004).

Nuisance

Public Nuisance deals with circumstances where a lot of individuals are influenced by the interventions. These interventions are not restricted to private life only. Public Nuisance is an offence to be accused by the law force or other community authority, it would be improper for great statistics of persons to have to litigate from the public magistrates. the definition of "nuisance" includes more and more the notion of danger to health or the environment in addition to the discomfort attributed to the person.

Each public nuisance is an offence to be faced by a trial but if a person is able to demonstrate that he/she has gone through unusual injury and beyond that gone through the rest of the category of individuals, they can bring a claim for those indemnities. Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed (Quinn, 2005).

There is still no widely shared consensus definition of the concept of nuisance. This concept seems constantly changing, such as health and injury to health which are increasingly linked. In the twentieth century, the common sense of the word nuisance combines the idea of harm, but rather causing minimal discomfort suffered by a real or individual (s), although no real or significant impact on their health. But from the 1970s, the concept seems to be moving towards the idea of a more serious affront to the individual, related to chronic or episodic exposure to elements or unpleasant situation, detrimental to the well-being, even the physical and mental health.

Criminal nuisance

The fight against pollution has taken over the last thirty years, bigger and more important. It is about fighting against anything that might prejudice the elements that surround the man and the living environment in which it operates. The law of nuisance is certainly present, but conditions are very heterogeneous: the criminal law in the fight against pollution is very dispersed between the laws and regulations (Gifford, 2003).

The fight against noise

The noise is causing many accidents or disability and may also cause nerve damage in some people or even be the cause of violent altercations or death among neighbors. In the fight against noise, the most repressive provisions are regulatory origin, because the offenses in this area are mainly fines.

The tort of malicious phone calls

The tort of malicious phone calls ...