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(a) Consider Kenâ(TM)s rights and remedies against John in connection with the disturbances from noise and smells, and waste blowing onto his land.
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- Words:
- 1021
- Submitted:
- Wed Apr 22 2009
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... (a) Consider Ken's rights and remedies against John in connection with the disturbances from noise and smells, and waste blowing onto his land. (25 marks) Ken could bring legal action against John in connection with the disturbances from noise and smells, and waste blowing onto his land. As this is a civil dispute neighbours, John could bring action under the tort of private nuisance. Private nuisance can be defined as an unlawful interference with a person's use or enjoyment of land or some right over, or in connection with. The key elements of a nuisance are an unreasonable use of land, leading to an indirect interference, with the claimant's use or enjoyment of land. Firstly, under nuisance, the interference has to be indirect. Any direct interference is dealt with in the tort of trespass. Nuisance also concerns neighbourhood. Ken and John are neighbours and John doesn't step foot onto Ken's garden but his
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