Sir Frederick Pollock defined it as ‘a wrong done to man by unlawfully disturbing him in the enjoyment of his property or, in some cases, the exercise of a common right’. There are two kinds of nuisance. A public nuisance is a crime, e.g. causing a road obstruction, and is actionable only by individuals suffering special damage (something more than other affected parties, e.g injured by the obstruction not just inconvenienced). A private nuisance, a tort, is an unlawful interference affecting the occupier’s use or enjoyment of his property. Private nuisances are invasions by noise, smell, water or smoke to the point where it is unreasonable. Public liability insurance covers accidental obstructions and other forms of nuisance.
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Nuisance means acts or omission which unlawfully interfere with another person’s use of enjoyment of land or of some right in connection with it.
Tag: RAW
Nuisance Private
private nuisance arise out of the use of one’s own property in such a way as to cause physical injury to the property of another or interfere with its health or comfort.
Nuisance Public
A person is guilty of a public nuisance who does not act or is guilty of illegal omission, which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasions to use any public right.
Nuisance value
The amount for which an insurance company will settle a claim—not because it is a valid claim but because the company considers it worth that amount to dispose of it.
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An amount the insurer pays to settle a claim because they are ready to be done with it, not because the claim is valid.