PPT-Law of Tort – Nuisance

Group D Objectives Introduction Public Nuisance Private Nuisance Defenses Remedies Distinction between public and private nuisance Nuisance and negligence distinguished Introduction The word nuisance has been derived from the French word . It is important to be a good neighbour and to show consideration to others If your neighbours are causing a nuisance it is better to speak tactfully about your concerns explaining how their behaviour is affecting you Most people are reasonable and m Chapter 343, . Texas Health and Safety Code. Statutory Authority. Texas Counties are creatures of limited authority. Must be able to show affirmative grant of express authority for nuisance abatement.. Howard . Paperner. & Lilian Doan. Statutory Authority. Missouri law requires a city’s authority to exercise police power to derive from a specific delegation by the state or from the express or fairly implied grant of powers of a city’s charter. . Proposed legislation that is NOT about preventing frivolous lawsuits. Presented by: Kim Ferraro. Water and Agriculture Policy Director. kferraro@hecweb.org. House Bill 1091. If a court finds that an agricultural operation that is the subject of a nuisance action was not a nuisance . . . and that the nuisance action was frivolous, initiated maliciously, or groundless, the court shall award the expenses of litigation, including reasonable attorney's fees, to the defendant in the action.. 3.1 Intro To Civil Law. Torts: A Civil Wrong. In civil law, when a person commits a wrong, we call it a . tort. .. Plaintiff. : the harmed individual in a civil law suit. Defendant. : the wrongdoer in a civil law suit. :. Real Property. Modern Challenges in Property Law. . 1. Last Time We Spoke About. :. . - Conveyances. . - CMDR. . 1. Contract,. 2. Mortgage, . 3. Deed, and . ` 4. Recording. - Who Wants to Be a Homeowner. Nuisance -- Defined. Use of property which . unreasonably interferes. with the use and enjoyment of someone else’s property.. Nuisance compared to Trespass. Trespass. Protects possession. Requires physical intrusion. Howard . Paperner. & Lilian Doan. Statutory Authority. Missouri law requires a city’s authority to exercise police power to derive from a specific delegation by the state or from the express or fairly implied grant of powers of a city’s charter. . Modern Challenges in Property Law. . 1. Last Time We Spoke About. :. . - Conveyances. . - CMDR. . 1. Contract,. 2. Mortgage, . 3. Deed, and . ` 4. Recording. - Who Wants to Be a Homeowner. Paperner. & Lilian Doan. Statutory Authority. Missouri law requires a city’s authority to exercise police power to derive from a specific delegation by the state or from the express or fairly implied grant of powers of a city’s charter. . Paperner. & Lilian Doan. Statutory Authority. Missouri law requires a city’s authority to exercise police power to derive from a specific delegation by the state or from the express or fairly implied grant of powers of a city’s charter. . Presented by: Kim Ferraro. Water and Agriculture Policy Director. kferraro@hecweb.org. House Bill 1091. If a court finds that an agricultural operation that is the subject of a nuisance action was not a nuisance . . . and that the nuisance action was frivolous, initiated maliciously, or groundless, the court shall award the expenses of litigation, including reasonable attorney's fees, to the defendant in the action.. Business Law Chapter 6: Personal Injury Laws Your neighbor Shana is using a multipurpose woodcutting machine in her basement hobby shop. Suddenly, because of a defect in the two-year old machine, a metal clamp from the machine breaks. The metal strikes Shana’s left eye, badly injuring it. The manufacturer had provided a one-year warranty against defects on the machine. Private Nuisance. Learning Objectives. By the end of the session you should be able to:. Define private nuisance and identify the main features. Identify the three types of private nuisance. Explain the requirement for an interest in the land.