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1 Found helpful • 13 Pages • Essays / Projects • Year: Pre-2021
A. Public Nuisance: • The tort of public nuisance protects plaintiffs from unlawful acts or omissions that materially affect the reasonable comfort and convenience of the life of a class of the public. • To establish a prima facie case of public nuisance a private individual needs to prove: I. Title to sue: • Usually brought by the attorney general as he represents the public • Since it is an interference with public rights, a private individual is usually precluded from instituting an action in respect to the interference. • Private individuals as a general principle cannot sue alone for relief in respect of a nuisance unless he has sustained some particular damage, in the sense of substantial injury, direct and not merely consequential, beyond that suffered by the public generally. (Walsh v Ervin –issue of ploughing plantation and erecting gates that stopped Mr Walsh from sing his land. Had to use the main road which caused a substantial loss of time) • Conclusions: - Mere inconvenience is not enough to substantiate loss [Winter bottom v Lord Derby], unless direct damage more so then the public needs to ensue. - Doesn’t have to be actual pecuniary damage, but damages more so than public. (Unless suing on the ground of loss time- needs to have a pecuniary value) - Particular damage isn’t limited to special damage. - Can’t sue for nominal damages once particular damages are proved since there is no particular damage unless you apply exemplary damages.
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