Private Nuisance as an Environmental Tort: A Law 61204 Analysis

This essay delves into the concept of private nuisance as an environmental tort, examining its effectiveness in controlling industrial pollution within the frameworks of both English and Malaysian law. The discussion begins with an introduction to the law of nuisance, its categories, and its relevance to environmental torts, particularly private nuisance. The essay analyzes the statement by Conor Gearty regarding the role of private nuisance in environmental protection. It explores who can sue and be sued, the elements of private nuisance as a tort (interference, unreasonableness, and damage), and how private nuisance actions are used to combat pollution. The essay references legal cases and scholarly articles to support its arguments. The essay also covers the Rylands v Fletcher rule, the concept of foreseeability, and the role of negligence in nuisance claims, as well as providing a comparative analysis of English and Malaysian legal perspectives on the subject. The essay concludes by evaluating the effectiveness of private nuisance as a tool for environmental protection.