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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Law of Private Nuisance


ISBN13: 9781849465069
Published: September 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £40.00



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+ £6.67 VAT

It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances.

Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach.

In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law.

This book presents a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.

Subjects:
Tort Law
Contents:
1. Introduction
I. General
II. Outlook
III. Scope
IV. Use

2. The Conventional View
I. A Debate: A Comment on Style
II. The View
III. An Account of the Law
IV. Two Specific Difficulties with the Conventional View
V. Conclusion

3. The Grounds of Liability
I. Finding the Ground
II. Examining the Ground
III. The Structure of Analysis
IV. The Case Law

4. Illustrations of the General Principle
I. The Rule of Give and Take, Live and Let Live
II. The Location
III. The Sensitivity of the Claimant
IV. The Duration of the Interference
V. Isolated Events

5. The Activity
I. The Description of the Parties' Activities
II. The Malice Doctrine

6. Coming to a Nuisance
I. Bliss v Hall
II. Sturges v Bridgman
III. Miller v Jackson
IV. Kennaway v Thompson V. Why 'Who Got There First?' Does Not Matter
VI. Miller v Jackson Revisited

7. A Nuisance Coming to You
I. Three Views
II. The Traditional Law
III. The Slide to Negligence
IV. Criticism of the Contemporary Approach
V. An Alternative Approach
VI. Revisiting the Case Law

8. Fault and Foreseeability
I. Introduction
II. Fault, Negligence and Foreseeability
III. Foreseeability and Nuisance
IV. Justifying Strict Liability

9. The Rule in Rylands v Fletcher
I. The Relationship between Nuisance and Rylands v Fletcher
II. The Place of Rylands v Fletcher in the Modern Law

10. The Parties
I. Standing: Who Can Sue?
II. Identifying the Defendant: Who Can Be Sued?

11. Statutory Authority

12. Remedies
I. Injunctions
II. Remoteness
13. Conclusion

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
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Legislation and Reform in the Law of Obligations ISBN 9781849463188
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The Irreducible Core of the Trust ISBN 9781782257172
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The Duty of Care in Negligence ISBN 9781509914845
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The Law of Misstatements: 50 Years On from Hedley Byrne v Heller ISBN 9781509917679
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Money Awards in Contract Law ISBN 9781509917051
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Rationalising Constructive Trusts (eBook) ISBN 9781509917075
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Rationalising Constructive Trusts ISBN 9781849465960
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Causation in Negligence ISBN 9781509905034
Published August 2017
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£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
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Equity, Trusts and Commerce ISBN 9781509907298
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Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
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£75.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
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Private Law in the 21st Century (eBook) ISBN 9781509908592
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Negligence and Illegality ISBN 9781509906666
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Private Law and Power ISBN 9781509905997
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
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A Theory of Tort Liability ISBN 9781509903184
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A Theory of Tort Liability (eBook) ISBN 9781509903191
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Tort Law Defences ISBN 9781509905027
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Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
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Defences in Unjust Enrichment (eBook) ISBN 9781782256359
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Defences in Unjust Enrichment ISBN 9781849467254
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Contractual Indemnities ISBN 9781509905010
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Money Awards in Contract Law (eBook) ISBN 9781782252962
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Money Awards in Contract Law ISBN 9781849464574
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Accessory Liability ISBN 9781849462877
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Accessory Liability (eBook) ISBN 9781849469579
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Causation in Negligence ISBN 9781849463317
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£20.82 + £4.17 VAT
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Contractual Indemnities ISBN 9781849462907
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Contractual Indemnities (eBook) ISBN 9781782253891
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£32.49 + £6.50 VAT
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The Europeanisation of English Tort Law ISBN 9781849463195
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The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
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£41.66 + £8.33 VAT
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Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
(ePub)
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Iniuria and the Common Law (eBook) ISBN 9781782253389
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£49.99 + £10.00 VAT
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Iniuria and the Common Law ISBN 9781849465038
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£60.00
Tort Law Defences (eBook) ISBN 9781782251897
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£24.99 + £5.00 VAT
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Tort Law Defences ISBN 9781849462914
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£70.00
£54.16 + £10.83 VAT
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
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£65.00
£62.49 + £12.50 VAT
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Restitution of Overpaid Tax ISBN 9781849461733
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£120.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
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£99.99 + £20.00 VAT
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Informal Carers and Private Law (eBook) ISBN 9781782250470
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£62.49 + £12.50 VAT
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Informal Carers and Private Law ISBN 9781849462815
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£75.00
Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
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Hart Publishing
£85.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
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£70.00
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Fault Lines in Equity ISBN 9781849462198
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