Law of Tort InTRODUCTION 1 MAIN BODY1 A) Nuisance 2 B) Liability Under Rylands v Fletcher case4 C) Defamation 6 CONCLUSIONS 8 REFERENCES 9 INTRODUCTION 1 MAIN BODY1 B) NUisance 2 B) Liability Under Ry
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LAW OF TORT
Table of ContentsINTRODUCTION ..........................................................................................................................1MAIN BODY...................................................................................................................................1A) Nuisance.................................................................................................................................2B) Liability under Rylands v Fletcher case .................................................................................4C) Defamation .............................................................................................................................6CONCLUSION ...............................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTION In common law jurisdictions, a tort is a civil wrong that causes a claimant to suffer orharm which results in the legal liability for the person who commits the tortious act. The tort to aperson can include intentional impact on emotions, negligence, financial losses, injuries,invasion of privacy etc. tort may include both civil and criminal law. The report will include the application of nuisance in the case of Andrew and Lucas. Thereport will include the advice on the decision that whether Andrew have created nuisance bytaming pigs in his farm house which is causing smell and noise issues to Lucas. Thereafter the report will study the case of Andrew and Jones. The case is based on thepopular case of Rylands v Fletcher which states that there is civil liability of the person havinghazardous substances in his premises. The report will advice on the case of Andrew and Joneswhere keeping of pesticides by Andrew killed the plants of Jones through the passing ofpesticides by storm.Furthermore, report will include the case of Andrew and Lucas in the light of defamation.The report will include the advice on the case, as there is occurrence of slander by Andrew toJones causing moral defamation. MAIN BODYTort- tort refers to the private and the civil offenses. For the action of tort court mayprovide the compensation to the claimant in monetary terms too. However some actions in a tortcan be crimes in law. Breach of contract does not fall under tort law. For application of tort onany wrong their must be commitment of wrong with a negative intention or negligence. In thetort there is liability to prove for the wrong done1. But in the case of tort of strict liability there isno requirement of no such proof as it is applicable to the defendant and he is liable under tort inany circumstances. Although the common relief for the compensation of the damage caused bythe tort is monetary compensation but in the cases of nuisance( with neighbor) there can beinjunction to prevent recurrence of the act may be granted. Also in some cases there is motive oftortious act there must be presence of malice. 1Arlen, J., 2017. Economics of Tort Law.The Oxford Handbook of Law and Economics.2.pp.41-95.1
In the case of Donoghue v Stevenson2 ,Mrs Donoghue went to a cafe with her friend andbrought a ginger beer and ice cream from the cafe. The packaging of the ginger beer bottle wasopaque and things could not be seen through it. She drunk more than half of the beer and icecream thereafter she realized that there is a presence of a decomposed snail in the ginger beerbottle. Through which she suffered serious injury. As a result she claimed against themanufacturer for negligence. The claim was successful and she received the compensation forthe damages she occurred by drinking that drink.A) NuisanceIssue:Andrew has a pig farm house in his premises, his neighbor Lucas operates a guest houseadjoining Andrew farm house. As there is pigs in the farm house of Andrew there is an awfulodor and noise in the farm house and side by areas3. The noise and smell of the pigs is causingproblem to Lucas and also the guest who come to stay there. As a result John ( another neighborof Andrew) and Lucas came to Andrew to complain about the pig farm house. Rules: There are two types of nuisance according to the English law. There are public nuisanceand private nuisance. There can be application of both public and private nuisance in same casesbut both the nuisance differ from each other widely. The public nuisance is referred crime underthe criminal law but it is actionable in the law of tort when the claimant suffers ' particulardamage' instead of the damage suffered by the general public. On the other hand private nuisance deals with protecting of the rights of an occupier.Private nuisance restricts the interference with the enjoyment or use of land owned by the owner.No person or group can disturb the owner in possession of land and premises. The rights areattached with the land itself. For raising a claim under private nuisance there is essentially a landbased tort4. Law : 2Donoghue v Stevenson3Avraham, R., 2018. Database of state tort law reforms (5th).4Best, A., Barnes, D.W. and Kahn-Fogel, N., 2018. Basic tort law: cases, statutes, andproblems. Wolters Kluwer Law & Business.2
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