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The Law of Private Nuisance UK Edition
Contributor(s): Beever, Allan (Author)
ISBN: 1849465061     ISBN-13: 9781849465069
Publisher: Hart Publishing
OUR PRICE:   $94.05  
Product Type: Hardcover - Other Formats
Published: September 2013
Qty:
Additional Information
BISAC Categories:
- Law | Torts
Dewey: 346.036
LCCN: 2013417278
Physical Information: 0.6" H x 6.3" W x 9.3" (0.95 lbs) 180 pages
 
Descriptions, Reviews, Etc.
Publisher 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.