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The Law of Private Nuisance de Allan Beever

The Law of Private Nuisance: Hart Studies in Private Law

Autor Allan Beever
en Limba Engleză Hardback – 4 sep 2013
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 expounds 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.
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Specificații

ISBN-13: 9781849465069
ISBN-10: 1849465061
Pagini: 180
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.43 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

In this innovative book the author suggests that a fresh perspective on the law of nuisance is needed; one that focuses on the prioritising of property rights.The author argues that because the law in general is the accumulation of a great many judicial decisions inconsistency can result and it is therefore necessary to go beyond the explanations offered by the courts.An engaging and original study that will be of interest to academics and practitioners working in the area of tort law.

Notă biografică

Allan Beever is Professor of Law at the University of South Australia, Adelaide.

Cuprins

1. Introduction I. General II. Outlook III. Scope IV. Use2 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 Events5 The Activity I. The Description of the Parties' Activities II. The Malice Doctrine6 Coming to a Nuisance I. Bliss v Hall II. Sturges v BridgmanIII. 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. IntroductionII. 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

Recenzii

This is an important book.
... an extremely interesting, original and significant contribution to writing about the law of torts, and it is a real credit to Professor Beever that his arguments are expressed in a way that is so concise, clear and engaging.
...an engaging, insightful, and eminently readable text...I very much enjoyed reading this book. Beever has an engaging style of writing, speaks in plain language, is knowledgeable about the law, and demonstrates impressive insight.
[A] bold an stimulating book...

Descriere

The book is best understood as advancing a suggestion: that the law of nuisance is better understood by rejecting the contemporary understanding of it and beginning again with an approach the focuses on the prioritising of property rights.