LAW2TOT - Torts Law: Case Studies in Nuisance, Trespass, Defamation

This essay provides an overview of torts law, focusing on private nuisance, trespass, and defamation, with references to relevant case law and potential defenses. It discusses the elements of each tort, potential defenses, and remedies, using case scenarios to illustrate the application of these legal principles. The essay examines private nuisance in the context of interference with property enjoyment, defamation concerning false statements harming reputation, and trespass involving direct interference with a person's liberty or property. The analysis includes examples and legal precedents to support the arguments presented, concluding that tort law serves to protect individual rights and provide recourse for damages.

Torts Law

INTRODUCTION
Tort is the civil. Wrong which indicates all the concern in relation to the compensation for
the general harm seen on the individual’s rights, environment and also on their property. This
usually protects all the civil rights of the individual in which they administer the damages can be
prevented in the form of money and also by enrichment of the personal injury and the claims.
Some of the main element in the Tort law is like the personal injury claim in which the aggrieved
person can most likely sue they another in case of any neglect\gene being occurred with them.
Tort law impose the liability and the obligation on breach of duty to take care and also for the
duty to manage the reasonable person with which the general working and the forgeable injury
can be managed with the particular conduct. (Deakin, and Markesinis,, 2019). This essay will
cover the three case scenarios in which the tort of private nuisance, trespass and defamation will
be addressed further their will be given the applicable potential defences and the remedies
adequately being undermined.
MAIN BODY
Tort of Private Nuisance is majorly the interference on the personal property of the plaintiff
or the nuisance created by the party that affect the enjoyment of their property. It generally takes
the three elements on which the private nuisance is being undertaken they are like, firstly the
encroachment which is addressed on the land of the neighbour or the possessory interest which is
seen on the land of the other party. Secondly there is direct claiming and the physical injury on
the land of the owner in which they will apply the general effect on the enjoyment of the land
and the property by the act performed by the defendant on the property. Thirdly there is,
interference which is made by the other party on the private land of the person. All such
inconvenience, annoying and the offensive interference which are made by any if the party and
has created either the physical change in the property or the financial loss, and the harm which is
made to them is continuous and seen to be ongoing will obstruct the patience and the normal
working of the defendant then this will merely affect the person and their work and will amount
to private nuisance.(Chamallas, 2018).

Some of the potential defences which are been taken by the person in all such cases where
the private nuisance has taken place is mainly the nuisance which are taken for the public good,
all such nuisance that are taken for the act of another or majorly the issues which are being made
due to some other person, plaintiff’s own fault in the case is also the main issue and the
reasonable care which is taken by the defendants. As in the case of, Jost v. Dairyland Power
Cooperative (1969) court held that, burning coal is not any kind of suitable activity especially
close to the farm country as this can affect the farm, of the person and also make them to trouble
by creating issue in their private land. As in this case scenario Lady Whistledown was holding a
concert as Summer of Love Carnival and that affected the sleep pf the neighbours due to music
playing whole night and also her negligence of letting 100 doves released from the wicker basket
and created the private nuisance on the property of Lady Danbury by physical damage in the
property and also to her niece who was allergic to birds simply provides that there is private
nuisance observed by her part and she will have to suffer the loss made by her to neighbour.
(Kenyon, 2019) .
This law Provide safeguard to the people from various types of damage and distress that
includes harm to one's image, name and on character. The United States legal system provide
people the right to sue when they experience false and defamatory statements that is harming
their reputations. A statement considers defamatory when it impacted negatively on someone
reputation. There are four elements of defamation that damages the person's reputation that
includes a false statement must concern other, the statement must be defamatory in context to
another person, a publication by a third party and making harm to the reputation. There are
several defences of the law of tort of defamation that discuss below:
Truth- If the statement is true, then it will consider as a complete form of defence. Confirming
that the burden of proof for proving that the statement is valid and true with respect with the
defendant. It’s not necessary that every characteristic of the statement made should be true. The
defendant should put up posters of defamation that consist "name and shame" posters.(Chan,
2020).
Privilege- An individual entity in this particular roles are being protected from defamation
claims. This further divided in two forms, the first being absolutely privilege and the second one
is qualified privilege. This law recognize that it would be not morally right to punish someone

for doing something that they are required to undertake they are obligated to, and therefore
inaccurate references can prove to be damaging and it will not give rise to defamatory claims.
Public interest- If a statement is being made in the interest of public and the defendant also
believes that by publishing such statement is in public interest. It provides the list of factors that
indicates that the statement has a public interest or not.(Eppinger, , 2018) .
Tort of Trespass to the person, is generally the direct interference in any person’s liberty or
body. This can generally create the no body harm that can occur to any victim. The three main
wrongs which generally falls in this category to person will be assault, false imprisonment,
battery. This implies that all the reasonable apprehensions in infliction to the battery, assault and
false imprisonment. False imprisonment implies to have the total restrain for the particular period
to the person from that areas. This is majorly the actions which exceeds in all the limit that are
carved through law and is international and unreasonable interference which is directed through
the person or the property. All such trespass to the person is the interference made by the other
party. All the trespass can be applied in cases where it is committed through the means and all
such in is managed through protected interest positive act and by the actionable subject which
the justification can foresee. It is also being analysed that the criminal proceedings which may
lead to compensation of the victim to whom the issue regarding the offender is been managed
through civil actions. Law is majorly becoming more addressable and there is seen that all the
conducts in relation to trespass tort will also be framed in the civil liability. This trespass to
person is mainly the common issue which happens in daily life. As in this case Henry came in
the private land of Lady DanBury and told her to not perform any activity in relation to her
shooting ducks. And in that arguments dog ran at Henry which tripped lady and the fire arm
discharged. In this case she was in no fault as she was already being sitting on her own land and
Henry came to her property and made certain issues and comments regarding her shooting the
ducks. Other than this she did not intentionally harmed him as that was just an accident which
happened so there is no fault of lady Danbury and Henry will be liable to trespass her land and
trying to argue in person. As in the case of Romaine v. Kallinger, it is held that all such actual
harm that caused through economic loss are attributable that effect the business reputation and
created a personal negative consequence.(Mushtaq, Bandh, and Shafi, 2020).

CONCLUSION
From this above essay it is concluded, tort is a civil law which is given to protect the
rights of the individuals. There are various discussion which is on Tort of Private Nuisance is
majorly the interference on the personal property of the plaintiff or the nuisance created by the
party that affect the enjoyment of their property. It is very important for an individual to save
themselves from damages. Tort of Trespass to the individual, is mostly the direct intervention in
any person’s liberty or body. This can in general appoint the no body harm that can occur to any
victim. The three main wrongs which generally falls in this category to person will be assault,
false imprisonment, battery.

REFERENCES
Chamallas, M., 2018. Will Tort Law Have Its# Me Too Moment?. Journal of Tort Law, 11(1).
pp.39-70.
Chan, G.K.Y., 2020. Practitioners' Guide on Damages Awarded for Defamation Cases in
Singapore.
Deakin, S. and Markesinis, B., 2019. Markesinis and Deakin's tort law. Oxford University Press,
USA
Eppinger, M.E., 2018. The Challenge of the Commons: Beyond Trespass and Necessity. The
American Journal of Comparative Law, 66(suppl_1), pp.1-29.
Kenyon, A.T., 2019. Libel, Slander, and Defamation. The International Encyclopedia of
Journalism Studies, pp.1-8.
Mushtaq, B., Bandh, S.A. and Shafi, S., 2020. Environmental acts and legislation. In
Environmental Management (pp. 149-184). Springer, Singapore.