Meaning of Private Nuisance and Private Nuisance

Private Nuisance:
This is the unlawful interference of a person’s use of land or right over or in connection with his land. It entails an unreasonable behaviour which interferes with another
persons use of his land. It affects the individual in his capacity as such. The plaintiff must prove an interference with his land or any right connected with it. To some extent, nuisance overlaps with the rule in RylandsV. Fletcher. However, the defendant is not liable, if the plaintiff is over by the standards of reasonable man. However, he cannot escape liability by pleading that the plaintiff came to the source of the nuisance.

Public Nuisance:
Public nuisance is an act which interferes with the enjoyment of a right which all members of the community are entitled to, such as the right to fresh air, and passage. Public nuisance is a crime as well as a tort. The criminal aspect is actionable by the Attorney General via prosecution

Business Law Revision Kit

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