What is a Tort?

A tort is a legal term for a situation where one person causes harm or injury to another,
either by their actions or by not doing something they should have done. A tort is a type
of civil wrong, meaning it happens between private individuals, not as a criminal
offense.

In simple terms, if someone does something that harms another person (like damaging
their property, hurting them, or spreading false information about them), it could be
considered a tort. The person who is harmed can ask for compensation (money) or
other legal remedies through the courts.

Nature of Torts

The nature of torts can be explained by looking at how they happen:

● Negligence: This is when someone fails to take reasonable care, and as a

result, they cause harm to someone else. For example, if someone doesn't clean
up a spill in a store and someone slips and gets hurt, that's negligence.
● Intentional Torts: These happen when someone intentionally harms another
person. Examples include things like hitting someone (battery) or stealing their
property (theft).
● Strict Liability: In some cases, a person can be held responsible for harm even
if they didn't mean to cause it. For example, if someone owns a dangerous
animal that hurts someone, they might be held liable without needing to prove
fault.

Definition of a Tort

A tort is a legal wrong that happens when a person's action or inaction causes harm to
another person. It leads to the person who was harmed seeking compensation, usually
in the form of money, to make up for the injury or loss caused.

To sum up:

● A tort is when one person does something (or fails to do something) that
causes harm to someone else, and the law allows the injured person to ask
for compensation.

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Conditions of Liability in Torts

In order for a person to be held legally responsible (liable) for a tort, certain conditions
need to be met. These conditions help determine if someone should pay for the harm
they caused. Two important concepts that relate to liability in tort law are "damnum
sine injuria" and "injuria sine damnum."

Damnum Sine Injuria (Harm Without Legal Injury)

Meaning: "Damnum sine injuria" refers to a situation where someone suffers a loss or
harm (damnum) but there is no legal injury (injuria) caused to their rights. In such
cases, even though damage has occurred, the person cannot claim compensation or
take legal action because there is no violation of their legal rights.

● Key Point: Harm or loss alone is not enough to bring a case; there must be a
violation of a legal right.

Relevant Case: Gloucester Grammar School Case (1850)

In this case, a teacher who had been working at one school left to join another school,
which caused the first school to lose some of its students. The first school sued the
teacher, claiming it had suffered damage because of the teacher's action. However, the
court ruled that while there was harm (loss of students), there was no legal injury (no
violation of the first school's rights) because the teacher had the right to work wherever
they chose. Therefore, the court held that harm alone does not constitute a tort
unless there is a legal injury.

Summary: In cases of "damnum sine injuria," the law does not recognize the harm as a
legal injury that can lead to a claim for damages.

Injuria Sine Damnum (Legal Injury Without Harm)

Meaning: "Injuria sine damnum" refers to a situation where a legal injury (a violation of
a person's rights) occurs, but no actual harm or damage results. Even if the person
does not suffer any physical damage or financial loss, they may still have a legal right to
claim compensation because their rights were violated.

● Key Point: The violation of a legal right, even without actual damage, can give
rise to a claim for damages.

Relevant Case: Ashby v. White (1703)

In this landmark case, Ashby, a voter, was unlawfully prevented from casting his vote in
an election. Although he did not suffer any physical harm or financial loss by being
prevented from voting, the court held that his legal right to vote had been violated.
Therefore, he was entitled to compensation for the injury to his right, even though
there was no actual damage or harm.

The case established that a violation of a legal right (injuria) without actual harm
(damnum) can still lead to a successful tort claim.

Summary: In cases of "injuria sine damnum," a person may still claim compensation
even if no physical damage or loss occurs, as long as their legal rights were violated.

Summary of Key Differences:

● Damnum sine injuria: Harm without a legal injury (no right to compensation).
○ Example: A teacher leaving one school for another causes a loss of
students but does not violate any legal rights.
● Injuria sine damnum: Legal injury without harm (can claim compensation).
○ Example: A person's right to vote is wrongfully denied, even though no
actual harm or financial loss occurs.

In essence, "damnum sine injuria" means harm alone isn't enough to claim damages,
while "injuria sine damnum" means that even without harm, a violation of legal rights
can lead to compensation.

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Remoteness of Damages

Remoteness of damages is a legal rule that helps decide if the harm or loss caused by
someone's actions is too far removed from the event to be compensated. In simpler
terms, if something bad happens because of someone's wrong action, the law looks at
whether the harm is directly connected to that action. If the link is too distant, the person
who caused the harm doesn't have to pay for it.

Example:

If a careless driver hits another car and the car is then towed to a repair shop, and the
repair shop's workers get sick from a virus that was accidentally spread by the car, the
sick workers might be considered to have suffered harm too far (remote) from the
original accident. In this case, the driver might not be responsible for the workers'
sickness because it’s not a direct result of the crash.

Case Example: The Wagon Mound Case (1961)

In this case, a ship leaked oil into the sea, which caused a fire when the oil came into
contact with some hot metal. The court said that the fire was too remote from the
original act (the oil spill), because no one could have expected that the oil would cause
a fire. The fire damage wasn't a direct result of the spill, so the court decided the ship
owner didn't have to pay for the fire damage.

Maxims in Law

Maxims are general rules or principles that guide how the law works. Here are a few
important ones:

1. Ubi Jus Ibi Remedium (Where there is a right, there is a remedy)

This maxim means that if someone’s legal right is violated, the law will provide a way for
the person to fix the situation or be compensated for it. It’s saying that the law always
provides a solution when someone's rights are harmed.

Case Example: Ashby v. White (1703)

In this case, Ashby was prevented from voting in an election, even though he had the
right to vote. The court said that even though Ashby didn't lose anything material (like
money), his right to vote had been violated, so he had the right to claim a remedy
(compensation). This shows the idea that if your legal right is infringed, the law will offer
a way to make it right.

2. Res Ipsa Loquitur (The thing speaks for itself)

This maxim means that sometimes, the facts of the case are so clear that you don’t
need to explain what went wrong. The very fact that something bad happened shows
that the person was negligent or acted wrong.

Case Example: Byrne v. Boadle (1863)

In this case, a barrel of flour fell out of a window and hit someone passing by. The court
said that because barrels don’t just fall from windows without someone being negligent,
it was clear that the person who owned the barrel was at fault. The fact that the barrel
fell "spoke for itself" — it was obvious that someone was responsible, and they didn't
need to prove it further.

Summary:

● Remoteness of Damages means that harm can only be compensated if it’s

directly linked to the wrongful act. If the link is too far, the harm is too remote for
compensation (e.g., in The Wagon Mound Case).
● Ubi Jus Ibi Remedium means if someone’s rights are violated, the law will
provide a way to make it right (e.g., in Ashby v. White).
● Res Ipsa Loquitur means that sometimes the facts of a case are so obvious that
no extra proof is needed (e.g., in Byrne v. Boadle).

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Justification in Tort

In tort law, a justification is when a defendant (the person being sued) has a valid
reason for their actions that would otherwise be considered a tort (a civil wrong). These
justifications can excuse or reduce their liability, even though harm was caused. Here
are some common justifications:

1. Volenti Non Fit Injuria (To a Willing Person, No Injury is Done)

● Meaning: This Latin maxim means that if someone consents to the risk of harm,
they cannot later claim injury or sue for damages. In other words, if you
voluntarily agree to something that involves a risk, you cannot hold someone
responsible if something goes wrong.

Case Example: Smith v. Baker (1891)

In this case, a worker was injured by falling rocks while working at a quarry. The worker
had been warned about the risk of falling rocks but continued to work. The court ruled
that the worker knew about the risk and chose to stay, so he consented to the risk.
Therefore, the employer was not liable, and the worker couldn’t claim damages.

2. Necessity
 ● Meaning: If a person causes harm to another in order to prevent a greater harm,
this can be a justification. For example, if someone breaks into a house to save a
person trapped inside, the harm caused by breaking the door may be justified
because it was necessary to prevent a greater harm (the person being trapped).

Case Example: Re A (Conjoined Twins) (2000)

In this case, two conjoined twins were at risk of dying if they remained joined, but
separating them would kill one twin. The doctors performed the surgery to save one
twin, even though it meant the death of the other. The court ruled that the doctors’
actions were justified by necessity because they were trying to save one life, which was
more important than the harm caused to the other.

3. Plaintiff’s Default (Contributory Negligence)

● Meaning: If the plaintiff (the person who is suing) is partly responsible for the
harm they suffered, the defendant may not be fully liable. In some cases, the
plaintiff's own actions can reduce or even eliminate the defendant's liability.

Case Example: Froom v. Butcher (1976)

In this case, a man was injured in a car crash because he was not wearing his seatbelt.
The court found that the driver was partly responsible for the accident, but the plaintiff's
failure to wear a seatbelt contributed to the injury. The court reduced the compensation
to the plaintiff because of his own negligence.

4. Act of God (Force Majeure)

● Meaning: This refers to natural events, such as floods, storms, or earthquakes,

that cannot be predicted or controlled by humans. If an event happens due to an
"Act of God," a person may not be held liable for any harm caused by that event,
as it was beyond human control.

Case Example: Nichols v. Marsland (1876)

In this case, a man had a pond on his property, and during a heavy rainstorm (an "Act of
God"), the water from the pond flooded onto a neighbor’s land, causing damage. The
court ruled that the flood was caused by an unexpected and extreme natural event (the
rainstorm), so the owner was not responsible for the damage.
5. Inevitable Accidents

● Meaning: An inevitable accident occurs when harm happens despite

everyone’s best efforts to avoid it. If an accident is truly unavoidable, it can be a
defense to a tort claim. This is similar to the "Act of God" defense but often
applies to human actions where no fault can be found.

Case Example: Stanley v. Powell (1891)

In this case, a person accidentally shot another when a bullet hit a tree branch and
deflected. The court ruled that this was an inevitable accident. There was no way for
the shooter to foresee the bullet deflecting, and therefore, they were not liable for the
injury.

6. Private Defence (Self-Defence)

● Meaning: Private defence, also known as self-defence, is when someone

harms another person in order to protect themselves or others from harm. If the
force used in self-defence is reasonable and necessary to stop the attack, it can
justify the harm caused.

Case Example: R v. Beckford (1988)

In this case, a man shot another person because he believed the person was about to
attack him. The court ruled that the man was acting in self-defence, and since the force
used was reasonable and necessary to prevent harm, the shooting was justified.

Summary of Justifications:

1. Volenti non fit injuria: If someone voluntarily agrees to a risky situation, they
cannot sue for harm that occurs because of it.
○ Example: Worker injured despite knowing the risks (Smith v. Baker).
2. Necessity: If harm is caused to prevent a greater harm, it can be justified.
○ Example: Surgery on conjoined twins to save one life (Re A).
3. Plaintiff’s Default: If the plaintiff’s own actions contributed to their harm, their
compensation may be reduced.
○ Example: Injury from not wearing a seatbelt (Froom v. Butcher).
 4. Act of God: Natural events beyond human control (like floods) may excuse
liability.
○ Example: Flood caused by a heavy rainstorm (Nichols v. Marsland).
5. Inevitable Accidents: If harm happens despite everyone’s best efforts, it can be
considered unavoidable.
○ Example: Accidental shooting caused by a deflected bullet (Stanley v.
Powell).
6. Private Defence: If someone uses force to defend themselves or others, it may
be justified.
○ Example: Shooting someone in self-defence (R v. Beckford).

These justifications allow a person to avoid liability for a tort when their actions were
reasonable under the circumstances, and they acted to prevent greater harm or danger.

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Remedies Available under the Law of Torts

In tort law, when someone is wronged or harmed by another person, the law provides
various remedies to help the victim. These remedies are ways the law can fix the harm
done or compensate the victim for the damage caused. There are mainly two types of
remedies:

1. Compensatory Remedies (Money for the loss)

2. Non-Compensatory Remedies (Other ways of fixing the wrong)

Let’s look at the different remedies available under tort law:

1. Damages (Compensatory Remedies)

Damages are the most common remedy in tort law. It means money that is paid to the
victim to compensate for the harm or injury caused by the defendant’s wrongful act.

● Types of Damages:
○ Compensatory Damages: The amount of money given to the victim to
cover the actual loss or injury.
○ Punitive (Exemplary) Damages: Money paid to punish the defendant
and warn others, usually when the defendant’s behavior was very bad
(e.g., malicious or intentional).
 ○ Nominal Damages: A small amount of money paid when a person’s rights
were violated, but no real harm or loss happened.

Case Example: Donoghue v. Stevenson (1932)

In this famous case, a woman became ill after drinking ginger beer that contained a
dead snail. She sued the manufacturer. The court awarded compensatory damages to
her because the manufacturer’s negligence caused her harm. This case is important
because it established that manufacturers have a duty to ensure their products are safe
for consumers.

Case Example: Rookes v. Barnard (1964)

This case is about punitive damages. A worker was punished by his employer for
joining a union. The court awarded punitive damages to punish the employer for his
wrongful act of trying to stop the worker from exercising his rights.

2. Injunctions (Non-Compensatory Remedies)

An injunction is a court order that tells a person to do something or stop doing

something. It’s a way of preventing further harm or enforcing rights, even before any
damage occurs.

● Types of Injunctions:
○ Prohibitory Injunction: Orders someone to stop doing something (e.g.,
stop trespassing on someone’s land).
○ Mandatory Injunction: Orders someone to do something (e.g., remove
something they built illegally).

Case Example: Warner Bros. v. Nelson (1937)

In this case, an actress was under contract to work exclusively for a film studio. She
wanted to break the contract, but the studio sought an injunction to stop her from
working with other studios. The court granted an injunction to stop her from working
for anyone else, enforcing her contractual obligation.

3. Restitution (Restoring the Victim’s Position)

Restitution is when the court orders the defendant to return the victim to their
original position, typically by giving back something wrongfully taken, or making up for
it.

● Example: If someone steals property and sells it to another person, the court
might order the defendant to return the stolen property or pay for it if it cannot
be returned.

Case Example: Fouldes v. Willoughby (1854)

In this case, the defendant unlawfully detained the plaintiff’s horse. The court ordered
restitution by returning the horse to the rightful owner.

4. Specific Performance (Rare Remedy)

Specific performance is an order that forces someone to perform a contract or

obligation they have broken. This remedy is more common in contract law, but it can
sometimes be used in tort law if there is a unique situation (like property disputes).

Case Example: Lumley v. Wagner (1852)

In this case, an opera singer had signed a contract to perform exclusively at a specific
theater. When she tried to break the contract and sing elsewhere, the court ordered
specific performance, forcing her to perform at the original theater, as the contract was
unique and could not be replaced easily.

5. Declaratory Judgment (Clarification of Rights)

A declaratory judgment is a legal statement by the court that clarifies the rights of
the parties involved in a dispute. It does not require any action or compensation but
simply states what the law says about the situation.

Case Example: East India Company v. Sathyamurthy (1877)

In this case, the court issued a declaratory judgment to state that a particular contract
was invalid. The decision did not require any further action, but it helped the parties
understand their legal rights.
Summary of Remedies in Tort Law:

1. Damages: Money paid to the victim to compensate for the harm caused.
○ Example: Donoghue v. Stevenson (Compensatory damages for illness
caused by a defective product).
2. Injunctions: Court orders to stop or require certain actions.
○ Example: Warner Bros. v. Nelson (Injunction to stop an actress from
breaking her contract).
3. Restitution: Returning something taken wrongfully, or compensating for it.
○ Example: Fouldes v. Willoughby (Restitution of a stolen horse).
4. Specific Performance: Court order to fulfill a contract or obligation.
○ Example: Lumley v. Wagner (Opera singer forced to perform at original
theater).
5. Declaratory Judgment: A statement of rights, without requiring action or
compensation.
○ Example: East India Company v. Sathyamurthy (Court clarified that a
contract was invalid).

These are the main remedies available under tort law. They help ensure that the victim
is compensated for the harm caused or that the defendant is forced to stop harmful
actions or perform certain duties.

MODULE 2

Torts Against a Person

In tort law, torts against a person are actions that cause harm or injury to someone’s
body or freedom. These include actions like assault, battery, false imprisonment, and
malicious prosecution. Let’s go through each one in simple terms with relevant case
law.

1. Assault

Assault is when someone threatens to harm another person, and the victim
reasonably believes that harm is about to happen. The key thing is that the victim feels
threatened, even if no physical contact happens.
 ● Example: If someone raises their fist and seems about to hit another person, but
they don't actually touch them, it’s still assault because the victim feels
threatened.

Case Example: R v. Ireland (1997)

In this case, the defendant made threatening phone calls to a woman, causing her to
fear for her safety. The court ruled that making threats (even without physical contact)
could be considered assault, as it caused the victim to feel fear.

2. Battery

Battery is when someone physically touches or hits another person without

permission. The contact does not need to cause injury, just that it is unwanted and
harmful.

● Example: If someone slaps another person or pushes them without their

consent, it’s battery.

Case Example: Collins v. Wilcock (1984)

In this case, a police officer grabbed a woman’s arm to stop her. The court ruled that
this was battery, as the officer made physical contact without the woman’s consent,
even though there was no injury. It showed that unwanted physical contact is enough for
a battery claim.

3. False Imprisonment

False imprisonment is when someone is unlawfully restricted or detained against

their will. This can happen in many situations, like being locked in a room or being held
by force.

● Example: If someone locks you in a room without your consent, that’s false
imprisonment.

Case Example: Bird v. Jones (1845)

In this case, a person was prevented from passing through a public space by a police
officer. The court ruled that this was false imprisonment because the person was
physically blocked and could not move freely, even though the officer had no legal right
to stop them.

4. Malicious Prosecution

Malicious prosecution happens when someone falsely accuses another person of a

crime, and this causes harm to the person’s reputation or freedom. It’s a tort because it
involves using the legal system for an improper purpose, like to harm someone’s
reputation.

● Example: If someone lies to the police, causing them to arrest you for a crime
you didn’t commit, and you are later cleared, that’s malicious prosecution.

Case Example: Gregory v. Portsmouth City Council (2000)

In this case, the plaintiff was falsely accused of a crime and arrested. The court ruled
that the person who made the false accusations could be held liable for malicious
prosecution because they acted with bad intent, knowing the accusations were false.

Summary of Torts Against a Person:

1. Assault: Threatening to harm someone in a way that makes them fear

immediate harm, even if no physical contact happens.
○ Example: R v. Ireland (Threatening phone calls that caused fear).
2. Battery: Unwanted physical contact or harm caused to someone.
○ Example: Collins v. Wilcock (Police officer’s contact without consent).
3. False Imprisonment: Unlawfully restricting or detaining someone against their
will.
○ Example: Bird v. Jones (Being blocked from passing through a public
space).
4. Malicious Prosecution: Falsely accusing someone of a crime to harm their
reputation or freedom.
○ Example: Gregory v. Portsmouth City Council (False accusations leading
to arrest).

These are all examples of torts against a person where someone’s physical body or
freedom is harmed or violated, and the law provides remedies to address the wrongs
committed.
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What is Defamation?

Defamation is when someone makes a false statement about another person that
damages their reputation. It can happen in two ways:

1. Libel (written defamation)

2. Slander (spoken defamation)

In simple terms, defamation is when someone says or writes something untrue that
harms another person's good name. If the statement is true, it is not considered
defamation because the truth cannot harm someone's reputation legally.

Kinds of Defamation

1. Libel (Written Defamation):

○ Libel refers to false statements made in a written form or a permanent
form (e.g., books, newspapers, social media posts, or broadcasted
messages).
○ Since it is permanent, libel is often considered more harmful than slander.
○ Example: If a news outlet publishes a false article saying someone is a
criminal, that could be libel.
2. Slander (Spoken Defamation):
○ Slander is when someone makes a false statement verbally, meaning
through spoken words or gestures.
○ Slander is considered less harmful than libel because it is temporary and
may not reach as many people.
○ Example: If someone tells others at a party that another person is a thief,
even though it's not true, that could be slander.

Elements of Defamation

To prove defamation, the following elements must generally be shown:

1. A False Statement:
○ The statement made must be false. If the statement is true, it is not
defamation.
 ○ Example: If someone says, "John was caught stealing," and it’s not true,
that would be defamatory.
2. Publication:
○ The statement must be shared with someone other than the person it is
about. Simply saying something to the person involved does not count as
defamation; it must be made public.
○ Example: If someone tells a false story about someone else to their
friends, it’s published because others heard it.
3. Damage to Reputation:
○ The statement must cause harm to the person's reputation. It must make
others think less of the person, and it should cause some kind of injury
(e.g., loss of job, friendships, or respect).
○ Example: If a false statement makes people believe someone is
dishonest, causing them to lose business or friends, this would damage
their reputation.
4. The Statement Must Be About the Plaintiff:
○ The statement must be about the person who is claiming defamation.
The statement must refer to them directly or indirectly.
○ Example: If a false statement is made about someone at work, and it
clearly refers to them, it is defamation.
5. Fault (Negligence or Malice):
○ The person making the statement must have acted with negligence
(carelessness) or malice (intention to harm).
○ Example: If someone spreads a lie knowing it is false, this is malicious
defamation.

Exceptions to Defamation (Defenses)

There are certain exceptions or defenses that can prevent someone from being held
liable for defamation, even if they make a false statement:

1. Truth (Justification):
○ If the statement is true, it cannot be considered defamation. The truth is
always a complete defense.
○ Example: If someone says, "John was arrested for theft," and it’s true, it’s
not defamation.
2. Opinion (Fair Comment):
 ○ If the statement is a genuine opinion rather than a statement of fact, it
may not be defamation. This is especially true if the opinion is based on
facts.
○ Example: Saying, "I think the new movie is terrible" is an opinion, not a
factual statement, so it cannot be defamation.
3. Privilege:
○ Privilege allows certain statements to be protected, even if they are false,
if they are made in special situations:
■ Absolute Privilege: This applies to statements made in court,
parliament, or government settings. These statements are
protected by law, even if they are false.
■ Qualified Privilege: This applies when the statement is made in
good faith and with no malice in situations like providing job
references or giving an honest report.
○ Example: If someone gives a false testimony in court, they are protected
by absolute privilege.
4. Consent:
○ If the person who is defamed consented to the publication of the
statement, they cannot sue for defamation.
○ Example: If someone agrees to an interview where personal information
is shared, they cannot later claim defamation.
5. Retraction:
○ In some cases, if the defendant apologizes or retracts the statement, this
may reduce the damages or prevent a defamation lawsuit.
○ Example: If a person admits they spread a false rumor and apologizes, it
can reduce the damage caused by the defamation.

Summary of Defamation

● Defamation is when someone makes a false statement that damages another

person’s reputation.
● There are two kinds of defamation:
○ Libel (written defamation)
○ Slander (spoken defamation)
● To prove defamation, the statement must be false, published, damaging to
reputation, about the person claiming harm, and made with fault.
● Defenses to defamation include:
○ Truth: If the statement is true, it’s not defamation.
○ Opinion: If the statement is an opinion, it may not be defamation.
 ○ Privilege: Certain statements are protected, like those in court.
○ Consent: If the person agrees to the statement, they cannot sue.
○ Retraction: Apologizing or retracting a false statement can reduce
damages.

These exceptions and defenses help protect people from being unfairly sued for
defamation while balancing the need to protect people’s reputations.

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Torts Against Property: Nuisance, Trespass to Land, and Trespass to

Goods

Torts against property are legal wrongs that interfere with a person’s right to use,
enjoy, and control their property. These torts help protect an individual's property
from harm or unreasonable interference. The main types of torts against property are
nuisance, trespass to land, and trespass to goods. Let's explore each of these in
more detail.

1. Nuisance

A nuisance occurs when someone's actions interfere with another person's

enjoyment of their property. It involves unreasonable disturbance or harm caused by
something on the defendant’s property that affects the claimant. Nuisance can be a
public or private matter:

● Private Nuisance: Affects an individual or a small group of people. It is usually

caused by something like excessive noise, smell, pollution, or light.
● Public Nuisance: Affects a large group of people or the general public. For
example, blocking a public road or creating a health hazard.

Key Element of Nuisance:

● The interference must be unreasonable. It must go beyond what a reasonable

person would expect to tolerate in their community.
● The degree of disturbance (e.g., how loud the noise is) and location (e.g., urban
vs. rural area) are factors the court will consider.

Example of Nuisance:
Imagine you live in a peaceful neighborhood, and a factory starts running 24-hour
operations. The noise and pollution from the factory make it hard for you to sleep and
breathe properly. This could be a private nuisance.

Case Law: Sturges v. Bridgman (1879)

● Facts: A doctor set up his practice next to a sweet-making factory. The factory
made a lot of noise during the night, which disturbed the doctor’s work. The
factory had been operating for many years before the doctor moved in.
● Decision: The court ruled in favor of the doctor, stating that the noise from the
factory was a nuisance, even though the factory had been there first. The court
said that the doctor had the right to enjoy his property peacefully, and the
factory’s noise was unreasonable.
● Importance: This case is significant because it showed that even
long-established activities can be considered a nuisance if they interfere with a
neighbor’s enjoyment of their property.

2. Trespass to Land

Trespass to land occurs when someone enters or remains on another person’s

land without permission. The landowner has the exclusive right to control who enters
their land. Trespass can happen even if no harm is caused or the person does not
damage anything on the land.

Types of Trespass to Land:

● Physical entry: Someone walks onto your property without permission.

● Remaining on the property: Even if someone enters with permission but
refuses to leave when asked, that’s also trespass.
● Objects placed on the property: If someone throws an object onto your land
without permission, that is also trespass.

Example of Trespass to Land:

If someone walks into your garden without your permission, they are trespassing on
your land. Similarly, if someone builds something on your land without your consent, it is
also trespassing.

Case Law: Entick v. Carrington (1765)

 ● Facts: Government officials broke into a man named Entick’s house without a
warrant and seized his private papers. They had no legal authority to do so, and
they did not ask for permission.
● Decision: The court ruled that the officials had committed trespass to land, as
they entered without permission or a legal right to do so.
● Importance: This case is crucial because it emphasized the protection of
property rights, stating that people’s property cannot be violated without legal
justification. It reinforced that entry into someone's land must be authorized or
based on valid legal grounds.

3. Trespass to Goods

Trespass to goods (also called trespass to chattels) occurs when someone interferes
with, damages, or dispossesses another person’s personal property (goods) without
permission. Personal property could include anything like a car, phone, or furniture.

Unlike trespass to land, trespass to goods deals with personal property instead of
land.

Examples of Trespass to Goods:

● Interference with goods: If someone uses your car without permission, it could be
trespass to goods.
● Damage to goods: If someone breaks your phone while borrowing it without
permission, this would be trespass to goods.
● Deprivation of goods: If someone takes your goods and refuses to return them,
that is also trespass to goods.

Case Law: Fouldes v. Willoughby (1841)

● Facts: The defendant took the plaintiff’s horse without permission, used it for a
short time, and then returned it. The plaintiff sued for trespass to goods.
● Decision: The court ruled in favor of the defendant, saying that since the horse
was returned to the plaintiff in the same condition, there was no damage or
permanent deprivation. However, the case clarified that taking someone’s
goods without permission, even temporarily, could lead to a trespass claim.
● Importance: This case highlights that any unauthorized interference with another
person's goods, even if the goods are returned without damage, can still be
considered trespass to goods.
Summary of Torts Against Property

1. Nuisance: When someone's use of their property unreasonably interferes with

another person’s enjoyment of their property.
○ Example: A factory causing loud noise and pollution that disrupts a
neighbor’s life.
○ Case Law: Sturges v. Bridgman (1879) – A doctor wins a case against a
factory whose noise disturbed his work, even though the factory was there
first.
2. Trespass to Land: When someone enters or remains on someone else’s land
without permission, or throws things onto someone’s land.
○ Example: A person walking into your yard or building something on your
property without consent.
○ Case Law: Entick v. Carrington (1765) – Government officials trespass by
entering a man’s house and seizing his papers without a legal right.
3. Trespass to Goods: When someone interferes with or damages another
person's personal property without permission.
○ Example: Someone borrowing your phone and breaking it, or taking your
car for a ride without asking.
○ Case Law: Fouldes v. Willoughby (1841) – A person who took another’s
horse without permission and returned it without damage was not held
liable for trespass to goods, though the case clarified the scope of the tort.

These torts ensure that individuals have the right to protect their property from
interference, whether it's land or personal goods. They help maintain order and fairness
by setting clear boundaries for property rights and how they can be enforced in the legal
system.

Exceptions to Nuisance in Detail

While nuisance is a legal remedy for situations where one person's use of their property
interferes with another person’s use or enjoyment of their property, there are several
exceptions where a nuisance claim might not succeed or where a defendant might be
allowed to continue the allegedly harmful activity. Here’s a detailed explanation of these
exceptions:

1. Prescription (Long-Term Use)

The defense of prescription arises when a person has been engaging in a particular
activity for a long period of time without objection from the affected party. If a nuisance
has been happening for a long duration, and the complainant has tolerated or
accepted the interference, they might lose the right to claim a nuisance.

Key Points:

● Time Period: In most jurisdictions, a claim of nuisance cannot succeed if the

interference has been going on for 20 years or more without complaint.
● This concept is rooted in the idea that long-established activities should not be
stopped simply because someone moved into the area recently and found them
unpleasant.

Example:

If a factory has been operating near a residential area for 25 years, and only recently
one of the residents complains about the noise or fumes, the factory could argue that
the nuisance claim is invalid due to prescription (the factory has been doing this for too
long, and the resident should have objected earlier).

Case Example: Sturges v. Bridgman (1879)

In this case, a doctor moved to a new location next to a sweet-making business. The
business had been operating for many years, producing loud noise and vibrations. The
doctor sued the business for nuisance, but the court ruled in favor of the business, citing
the prescription defense. However, this case also clarified that prescription only
applies if the nuisance was already established when the complainant moved into the
area.

2. Statutory Authority (Government Approval)

This exception applies when the activity causing the nuisance is authorized by law. If
an activity causing a nuisance is done under the authority of a statute (law) or
government regulation, then it may not be considered a nuisance, even if it causes
discomfort to others. This is because the law permits the activity, and the public good
outweighs the inconvenience or harm caused to individuals.

Key Points:
 ● A statutory authority defense is typically used for activities like public works
(e.g., road building, dams), governmental projects, or activities that are approved
and regulated by the government.
● Even if the activity causes inconvenience, the law allows it to be carried out, and
a nuisance claim cannot succeed unless the activity exceeds what is authorized.

Example:

If the government decides to build a highway near your property, and the construction
causes loud noises or disruption, you cannot sue for nuisance because the
government has statutory authority to build the highway.

Case Example: Allen v. Gulf Oil Refining Ltd (1981)

In this case, the court held that oil refineries operating under government approval could
not be sued for nuisance. Even though the refineries caused pollution, they were
authorized by law and operated under specific regulations that allowed them to
continue.

3. Reasonable Use of Property

If a person uses their property in a reasonable and lawful manner, even if it causes
some disturbance, it may not be considered a nuisance. This is a balance between an
individual’s right to use their property and the rights of others to enjoy their own
property.

Key Points:

● The law recognizes that people have the right to use their property in ways that
suit them, provided that it is not unreasonably harmful to others.
● Reasonable use refers to what would be acceptable in that location or
community. For example, a loud noise might be acceptable in a commercial
area, but not in a residential area.

Example:

If a person is running a home business in a residential area and occasionally uses a

loud blender, this might not be considered a nuisance if it is used infrequently and
during reasonable hours.

Case Example: Miller v. Jackson (1977)

This case involved the residents of a house near a cricket ground. The cricket ground
regularly hit balls into the residents' gardens, which caused them inconvenience. The
court ruled that the cricket ground had been using its land in a reasonable way, and the
nuisance claim was dismissed.

4. No Harm or Damage

A claim of nuisance can only succeed if actual harm or damage is caused to the
complainant's property or enjoyment. If the disturbance does not cause any harm
(either physical or economic), there is no basis for a nuisance claim.

Key Points:

● A nuisance claim is typically about damage to property or an unreasonable

interference with one's enjoyment of the property.
● If there is no harm (such as no loss of sleep, no damage to property, or no
emotional distress), then there might not be enough grounds for a claim.

Example:

If a neighbor plays loud music occasionally but you are not disturbed by it and it doesn't
affect your daily life or property, it would be difficult to prove harm and, therefore, a
nuisance claim may not succeed.

Case Example: Walter v. Selfe (1851)

In this case, the court stated that a mere inconvenience without any serious harm or
damage is not enough to constitute a nuisance. It must materially affect the
complainant's use or enjoyment of their property.

5. Act of God (Natural Events)

An Act of God refers to natural events that are beyond human control, such as
storms, earthquakes, or floods. If the interference with property or enjoyment is
caused by such events, it is not considered a nuisance because these events are
unpredictable and unavoidable.

Key Points:
 ● Nuisance claims cannot be made for things like earthquakes or floods because
they are natural disasters.
● An Act of God defense is often used when damage to property or disturbances
occur due to events outside of human control.

Example:

If a tree from your neighbor’s yard falls onto your property during a storm, this is not a
nuisance because it is an Act of God. The neighbor is not liable for damages in this
case.

Case Example: Rylands v. Fletcher (1868)

Although not a classic case of nuisance, this case involved an event where water from a
reservoir built by a defendant flooded a plaintiff’s property due to the construction work.
The court held the defendant strictly liable, but it also highlighted that if the flooding was
due to an Act of God (e.g., a sudden, unexpected storm), it would not have been the
defendant’s responsibility.

Summary of Exceptions to Nuisance:

1. Prescription: A long-standing nuisance (over 20 years) that has been tolerated

by the affected party may not be actionable.
2. Statutory Authority: Activities authorized by law (e.g., public projects like
highways) are generally not considered a nuisance.
3. Reasonable Use of Property: A person has the right to use their property
reasonably, even if it causes some inconvenience, as long as it’s not
unreasonable or excessive.
4. No Harm or Damage: If no significant harm or damage is caused by the
interference, there may be no valid nuisance claim.
5. Act of God: If the disturbance is caused by natural events beyond human
control, it is not considered a nuisance.

These exceptions help balance the rights of individuals to use their property freely while
protecting others from unreasonable harm. Each case is evaluated based on its specific
facts, and courts will weigh the degree of harm against the reasonableness of the
activity