THE LAW OF TORT Essay Example | Topics and Well Written Essays - 2000 words

THE LAW OF TORT - Essay Example is any act, omission, establishment, business, condition of property, or anything else which: (a) Injures or endangers the health or safety of other; or (b) Annoys or offends the senses; or (c) Shocks, defies or disregards decency or morality; or (d) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or (e) Hinders or impairs the use of property. The nature of nuisance is nuisance per se or at law or nuisance per accidens or in fact. The scope of a nuisance can be public, private or mixed. Nuisance per se (nuisance at law) is an act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings. Whereas, nuisance per accidens (nuisance in fact) is one that becomes a nuisance by reason of circumstances and surroundings. Public nuisances causes hurt, inconvenience, or injury to the public, generally, or to such part of the public as necessarily comes in contact to it. While a private nuisance is one which violates only private rights and produces damages to but one or a few people. The liability of the creator of the nuisance as a general rule is that he who creates a nuisance is liable for the resulting damages and ordinarily, his liability continues as long as the nuisance continues. It implies therefore that the person whose duty it is to abate a nuisance should answer for the consequences resulting from its continuance. No one is to be held liable for a nuisance which he cannot All persons who join or participate in the creation or maintenance of a nuisance are liable solidarily. The abatement of a nuisance does not preclude the right of any person injured to recover damages for the past existence. Lapse of time cannot legalize any nuisance, whether public or private. The creation and maintenance of a public nuisance is punishable criminally hence, the element of criminality, which characterizes the acts of creating the nuisance, should