Nuisance

Prepared by: Donee Williams, Conroy Jacobs,

Antonette Brown, Shannon Lobban,
Brian Collins, Christopher Williams
and Corey Medham
Definitions of Nuisance
A nuisance is an inconvenience materially
interfering with the ordinary comfort of
human existence.

Nuisance is categorized in two categories:

Public Nuisance
Private Nuisance
PUBLIC NUISANCE
Public Nuisance

According to the Commonwealth

Caribbean Tort Law (2003) a public
nuisance is committed where a person
carries on some harmful activity which
affects the general public or section of
the public.
Public Nuisance
A person is guilty of a public nuisance:
Does an act not warranted by law.
Omits to discharge a legal duty, if the
effect of the act or omission is to
endanger the life, health, property or
comfort of the public, or to obstruct the
public in the exercise or enjoyment of
rights common to all Her Majesty’s
subjects.
Public Nuisance
Examples of Public Nuisance:
obstructing the highway
blasting and quarrying near built-up areas
noisy parties
allowing land to be used as a dump,
creating a dangerous or noxious
environment
Public Nuisance
The legal effect of a public nuisance is
threefold:
 If someone is affected to an exceptional
degree, distinguishable from the effect on
the general or local public, the person
affected can sue in tort.
If the person responsible knew, or ought
to have known, of the bad effects on the
public, he or she is guilty of a criminal
offence.
Public Nuisance
The legal effect of a public nuisance is
threefold:

The Attorney General, the local authority

or the person affected may bring
proceedings for an injunction.
Public Nuisance
Effect on the public, a variety of
formulations is quoted in Rimmington
eg.
which causes any common injury, danger
or annoyance to the public.
which act or omission endangers the lives
safety health property or comfort of the
public
Public Nuisance
which act or omission obstructs or causes
inconvenience or damage to the public
if the effect of the act or omission is to
endanger the life, health, property, morals,
or comfort of the public
Public Nuisance
The requirement of common injury gives
rise to four questions:
injury to whom (or to how many)?
 what type of injury?
 how great an injury?
 for how long?
 Who can be sued???
• Creator of the nuisance

• The occupier of the premises from where

the nuisance emanates

• In some instances the Landlord

Remedies for public nuisance

Criminal aspect- a prosecution or an

application for an in junction by the
Attorney General.

Civil aspect- an application for an

injunction and/or damages by the person
suffering loss.
PRIVATE NUISANCE
Private Nuisance
A Private Nuisance is a tort only (civil
wrong) and is therefore not a crime.
Private Nuisance protects the individual
owner or occupier of land from
substantial inference with his enjoyment
thereof.
Private Nuisance
Categories of Private Nuisance

Physical injury to the plaintiff’s property.

Interference with user.
Interference with rights of access.
Private Nuisance
Elements to Prove Private Nuisance
• That the nuisance was unreasonable and
substantially affected the reasonable
comfort of life for the public.

• That he/she suffered a particular loss or

damage which was more than that
suffered by the public as a direct result of
the nuisance i.e. Physical injury.
Private Nuisance
Cont’d
• That the injury or loss was not too remote.
Private Nuisance
Persons Liable for Suits?
• Creator of the nuisance
• Occupiers
• Landlord
•  Defences
Private Nuisance
Remedies for Private Nuisance
• Injunctions
• Damages
• Abatements
Public Nuisance vs Private Nuisance
Private nuisance is a tort only.

Public nuisance is a crime and a tort.

To succeed in private nuisance the

plantiff must have an interest in land,
however in public nuisance there is no
such requirement.
 Protecting the Environment from
nuisance

Subsidies

Emission Charges

Marketable emission permits