The Law of Private Nuisance

By:

Allan Beever

Format:

Hardback

Series:

Hart Studies in Private Law

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Description

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.

Author Biography:

Allan Beever is Professor of Law at the University of South Australia, Adelaide.

Release date NZ

September 5th, 2013

Author

Allan Beever

Audiences

Professional & Vocational
Tertiary Education (US: College)

Pages

180

Series

Hart Studies in Private Law

Dimensions

156x234x15

ISBN-13

9781849465069

Product ID

21211106

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