Public Nuisance

Issue The issue here is whether Morris could be held liable for the mental institution of potholes as a exoteric annoyance. Law A habitual nuisance is an make out or omission which materially affects the reasonable comfort of the overt. ordinarily it is only the lawyer common who can instigate polite proceeds in comply of the creation of a frequent nuisance . In doubting Thomas v Num it was held that the prevention to cheerio on a frequent highway, was an unlawful interference with the publics right to hire the highway. In Cunningham v McGrath Borthers Kingsmill Moore J stated that any hindrance of the public highway is a public nuisance. A public nuisance may in any case be created by claim on trade which causes aggravation to the general public as seen in AG v PYA Quarries . Here blasting and opposite quarrying operations gave face lift to a nuisance. However, a member of the public can acquire a nuisance action where the nuisance c aused them particular(prenominal) modify over and preceding(prenominal) that suffered by others. This was well shown in Boyd v Great Union Railway where a doctor sued for public nuisance because he was delayed on the train which amounted in him suffering particular damage. This was also seen in Smith v Wilson where the plaintiff prove special damage caused from the nuisance and succeeded in public nuisance.

It is submitted that Morris is difference himself open to an action by the lawyer General nether public nuisance given the limit of the damage of the roadstead. The Attorney General could argue a safe case on the basis that the facts of this case are slowly ap plicable to the principles forwardness out ! in Cunningham. It was also shown in Molly v Offaly Country Council that damaging a roads surface amounts to dangering the highway. Morris could also be liable to a hole-and-corner(a) action in civil wrong in respect of a nuisance caused to one of his neighbour. indebtedness will not deception with the County Council as the Civil obligation manage 1961, was never enforced. Therefore, incision 60 on this Act will...If you want to get a full essay, order it on our website: OrderEssay.net

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