private nuisance sentence in Hindi
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- A private nuisance is normally a " continuing state of affairs ", not a one-off situation; there are exceptions, such as in " De Keyser's Royal Hotel v Spicer ", where piledriving at night was considered a nuisance.
- The potential defendants in public nuisance claims are the same as those in private nuisance, with their liability dependent on a test of reasonableness; in public nuisance, however, this is determined by looking solely at the interference, not the defendant's actions.
- The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners ( i . e ., private nuisance ) or with the rights of the general public ( i . e ., public nuisance)
- From this, he stated that : " more is required than the mere presence of a neighbouring building to give rise to an actionable private nuisance . " On the idea that it would be more desirable to allow nuisance claims from someone without an interest in land, Lord Goff said the following.
- In addition, it has been claimed that the tort of private nuisance has " lost its separate identity as a strict liability tort and been assimilated in all but name into the fault-based tort of negligence ", and that private and public nuisance " have little in common except the accident of sharing the same name ".
- However, the nature of areas can change over time; in " Gillingham Borough Council v Medway ( Chatham ) Dock Co Ltd ", it was held that the granting of planning permission to develop a commercial dock in an area changed that area's character, preventing the local residence from claiming in private nuisance for the disturbance the dock created.
- In " Attorney General v PYA Quarries Ltd . " ( 1957 ) 2 QB 169 the issue was whether quarrying activities which showered the neighbourhood with stones and splinters, and caused dust and vibrations were a private nuisance affecting some of the residents ( which would have been civil ), but not a public nuisance affecting all Her Majesty's liege subjects living in the area.
- Private nuisance requires the claimant to have an interest in land, while " Rylands " does not; although exceptions to this rule have occasionally been made in private nuisance, in " Hunter v Canary Wharf Ltd ", the House of Lords ruled that to make exceptions would transform nuisance from a tort against land to a tort against the person, and should not be permitted.
- Private nuisance requires the claimant to have an interest in land, while " Rylands " does not; although exceptions to this rule have occasionally been made in private nuisance, in " Hunter v Canary Wharf Ltd ", the House of Lords ruled that to make exceptions would transform nuisance from a tort against land to a tort against the person, and should not be permitted.
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