Download or read book The Law of Private Nuisance written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Nuisance in Canada written by Gregory S. Pun and published by . This book was released on 2010-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Treatise on the Law Governing Nuisances written by Joseph Asbury Joyce and published by . This book was released on 1906 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With particular reference to its application to modern conditions and covering the entire law relating to public and private nuisances, including statutory and municipal powers and remedies, legal and equitable."--T.p.
Download or read book A Practical Treatise on the Law of Nuisances in Their Various Forms written by Horace Gay Wood and published by . This book was released on 1893 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rights and Private Law written by Donal Nolan and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Download or read book The Impact of the UK Human Rights Act on Private Law written by David Hoffman and published by Cambridge University Press. This book was released on 2011-10-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.
Download or read book The Law of Nuisance written by John Murphy and published by OUP Oxford. This book was released on 2010-11-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive analysis of the law of nuisance in England and Wales this book addresses private, public and statutory nuisance as well as the protection of the environment.
Download or read book The Law of Nuisance written by R. A. Buckley and published by Lexis Law Publishing (Va). This book was released on 1996 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition takes into account the growing interest in legal protection of the environment, reflecting the fact that this area of law has developed significantly since 1981. It covers relevant statutes, such as the Environmental Protection Act 1990, and the Water Resources Act 1991 (Part 3).
Download or read book Torts written by Alastair Mullis and published by Bloomsbury Publishing. This book was released on 2011-05-06 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The previous editions of Torts were highly regarded for their clarity of explanation and engaging writing style, and this new fourth edition fully retains each of these qualities. The text has been extensively revised and updated, and there is a new chapter on privacy. The enhanced layout includes end of chapter summaries and self-test exercises and an extensive bibliography. This is therefore an ideal companion to the subject for both law undergraduates and GDL/CPE students.
Download or read book Tort Law Directions written by Vera Bermingham and published by Oxford University Press, USA. This book was released on 2012-04-05 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law Directions is written in an engaging and lively manner with an emphasis on explaining the key topics covered on tort law courses with clarity. The book includes helpful learning features to guide students through the material in an interesting and interactive way.
Download or read book The Law of Nuisances written by Edmund William Garrett and published by . This book was released on 1890 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Tort written by Ken Oliphant and published by Butterworth-Heinemann. This book was released on 2007 with total page 1734 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of tort occupies a central position in defining the legal obligations between individuals not to cause each other harm or injury. For academics it is a crucial area of study and for practitioners it is an essential area of knowledge.Now in its Second edition this title covers the general principles of tortious liability and a wide range of specific torts. It provides an accessible, comprehensive and authoritative account of the law as it is and how it is likely to develop.The new edition includes ground breaking cases such as Barker v Corus on causation, Viasystems on vicarious liability, and Jameel on defamation, plus a preliminary analysis of OBG v Allan in the area of economic torts. There is also full treatment of the Compensation Act 2006, and two wholly new chapters on Privacy and Deceit & Misrepresentation.An indispensable reference which will broaden the practitioner’s understanding and knowledge of what is a fast-moving and complex area of law.The book is part of the Common Law menu which is supported by annual updates.
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Download or read book Philosophical Foundations of Tort Law written by David G. Owen and published by . This book was released on 1995 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
Download or read book Neighbor Law written by Cora Jordan and published by NOLO. This book was released on 2006 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: So your neighbor's giant sequoia is blocking your view. Who ya gonna call? The search for a 'dispute buster' should end with this helpful new book. Sunset Magazine - For anyone with a neighbor problem, [Neighbor Law] is a handy book indeed. It walks the reader through written and common law, tells you what your rights are and how to follow through on a complaint all the way to court, if necessary.- Oakland Tribune - Explains how to use mediation services, research local laws, and present a convincing case in small claims court. - Reuters - Surprisingly, this is a fun read. The author includes interesting sidebars and court decisions to clarify her explanations. - Sacramento Bee - A Nolo book that gives practical, no-nonsense approaches to handling neighbor disputes. - Los Angeles Times - This classic book, which keeps getting better with each new edition, answers virtually all questions regarding fences, trees, boundaries and noise.- Orlando Sentinel - Jordan peppers the book with real stories of problems neighbors have with each other. The stories are interesting and, in some cases, hilarious. - Arizona Republic - Even if you don't have a serious neighbor problem yet, this well-written and complete book is a fun and educational read. It is extremely thorough and well-documented. 4 stars: excellent. - Robert Bruss, nationally syndicated real-estate columnist
Download or read book The Law of Private Nuisance Following Wu written by Matthew Mazenier and published by . This book was released on 2016 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The boundaries of nuisance have traditionally been tightly guarded. However, the tort's underlying concern for the protection of property rights has provided it with sufficient flexibility to adapt to changing social and legal circumstances. The New Zealand Court of Appeal's decision in Body Corporate 366611 v Wu represents the extension of private nuisance to remedy gaps in the tort's application to the relationship between body corporates and individual proprietors under the Unit Titles Act 1972. The case concerned the defendant Body Corporate's denial of access to an individual proprietor with an interest in the common property from which the nuisance 'emanated'. Though the Court erred in its interpretation of existing nuisance principles relating to emanation, its decision can be rationalised on the basis that the plaintiff's lack of control and restricted access speak to the core interests protected by the tort. Given the Court's finding that access restrictions may be reasonably imposed upon occupiers under the Body Corporate's modified rules, the decision's limited effect is to provide an individual proprietor with a figurative right of access. Outside of clarifying these doctrinal uncertainties, the decision does not produce lasting ramifications for private nuisance.
Download or read book Tort Law written by Mark Lunney and published by Oxford University Press. This book was released on 2008 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.
