TORT: Negligence - Negligence as a tort is a breach of a legal duty to take care which results in damage to the claimant. The ingredients are:
1. A legal duty on the part of D towards C to exercise care in such conduct of D as falls within the
scope of the duty,
2. Breach of that duty, (failure to come up to the standard required by law)
3. Consequential damage to C which can be attributed to D’s conduct.
TORT: Nuisance - Protection of the environment, although some parts have nothing to do with this (obstruction of the highway). Main idea is protection of private rights in the enjoyment of land, so protection of the whole community is incidental. Common law of nuisance has been supplemented and replaced by a large extent by statutes. Can be divided into public and private nuisance.
---:: a simple dictionary of legal terminology and relevant cases ::---
09/10/2008
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