What motivated you to look it up in this dictionary? Please let us know where you read it (including the quote, if possible). 03 2017. 10 2022 (2017, 03). Disadvantage legaldictionary.lawin.org Retrieved January 10, 2022 from legaldictionary.lawin.org/inconvenience/ A public nuisance disturbs the public as a class, not just a person or group of citizens. For a private citizen who has been harmed by a public nuisance, there is no civil remedy, even if his injury has been greater than the harm suffered by others; Criminal prosecution is the only recourse. However, if the person suffers harm different from that suffered by the general public, he or she may pursue an action for damages. For example, if the blasting has thrown a large rock on a public road, those who use the highway cannot maintain a pesky action for the inconvenience. However, a motorist who is injured by the collision with the rock may bring an action in tort for bodily injury. Significant interference The law is not intended to correct trifles or minor nuisances. In order to establish liability under a harassment theory, the interference with the applicant`s interests must be significant. Determining meaningful interventions in cases where the physical condition of the property is affected is often quite straightforward. More difficult are cases based on personal inconvenience, discomfort or anger.
In determining whether interference is significant, courts apply the standard of an ordinary member of the community with normal sensitivity and temperament. A plaintiff may not interfere with the defendant`s conduct by an unusually sensitive use of his property, which would otherwise be relatively harmless. n. the inappropriate, unjustified and/or illegal use of property that causes inconvenience or harm to others, whether to individuals and/or the general public. Harassment can include harmful odors, noise, burns, diversion of water to other property, illegal gambling, unauthorized collections of rusty cars, indecent signs and photos of businesses, and various annoying activities. When illegal, they can be mitigated (modified, repaired or enhanced) by criminal or quasi-criminal charges. If harassment interferes with another person`s calm, peaceful or enjoyable use of the property, it may form the basis of a claim for damages and/or an injunction ordering the person or organization causing the harassment to cease (cease) or restrict the activity (e.g., to cease an evening activity). NUISANCE, Crim. Law, tort. This word literally means problem; in law, according to Blackstone, it means “anything that works, hurts, is troublesome or damaged.” 3 Comm.
216. 2. Harassment is either public, ordinary or private. 3.-1. A public or general nuisance is an inconvenience or an annoying offense because it annoys the whole community in general and not just one person in particular. 1 falcon. P.O. Box 197; 4 Bl. Com. 166-7.
To constitute a public nuisance, there must be so many people who are upset that the crime can no longer be considered a private nuisance: this is a fact that is usually judged by the jury. 1 ridge. 337; 4 Esp. v. 200; 1 Str. 686, 704; 2 puppy. Cr. Law, 607, n. It is difficult to define the level of harassment required to constitute harassment. With regard to offensive business, it seems that if such trade renders the enjoyment of life and property unpleasant, it is a nuisance; 1 ridge. 333; 4 Rog.
recommendation 87; 5 Esp. C. 217; Because the neighborhood is entitled to clean and fresh air. 2 cars. and p. 485; S. C. 12 E.
C. L. R. 226; 6 Rogers Rec. 61. 4. A thing may be a nuisance in one place that is not a nuisance in another; Therefore, the situation or location of harassment must be taken into account. A supplier of tallow who sees his baseness among other purveyors of tallow and amplifies the harmful odors of the neighborhood is not guilty of causing a nuisance, unless the disturbance is greatly increased by the new factory. Peake`s Cas. 91.
Such an installation could be a nuisance in a city densely populated with merchants and mechanics, where such business was done. 5. Public nuisances result from the persecution of certain trades, which make the air offensive and harmful. Cro. Car. 510; Rapacious. B. 1, c.
755 A. 10; 2 Ld. Raym. 1163; 1 ridge. 333; 1 686 Street. Acts of public indecency; such as bathing in a public river, in view of neighboring houses; 1 Russ. Cr. 302; 2 campb.
No. 89; Sid. 168; or for acts aimed at breaking public order, such as dragging a number of people on a field for pigeon shooting purposes, disturbing the neighbourhood; 3 B. and S. 184; S. C. 23 ing. C. L.
R. 52; or managing a messy house; 1 Russ. Cr. 298; or a theatre house; 1 Russ. Cr. 299; Rapacious. B. 1, C.
7-5, p. 6; or a shabby house; Rapacious. B. 1, c. 74, p. 1; Ferry. From. harassment, A; 9 Conn. R.
350; or a dangerous animal known to be such and suffers from breaking free, such as a large bulldog accustomed to biting people; 4 Burn`s, exactly. 678; or exposing a person with a contagious disease such as smallpox in public; 4 M. and pp. 73, 272; and so on. 6.-2. A private nuisance is anything that is done to damage or interfere with the land, dwelling houses or inheritances of others. 3 Bl. Kom. 1215; Finch, L. 188. 7. They are those who damage physical heritage; as when a man should build his house to throw the rainwater that has fallen on my land; F.
N. B. 184; or build his own. build without the right to hinder my old lights; 9 KB. 58; Keep pigs or other animals to disturb your neighbor and make the air unhealthy. 9 KB. 58. Private harassment can also undermine intangible inheritances.
For example, if I have annexed a road to my estate, on another man`s land, and he prevents me from using it by ploughing it or placing logs on it, etc. F. N. B. 183; 2 wheels. From. 140. 9. The remedy in case of public nuisance is to charge the party.
Empty, in general, Com. Dig. take action for harassment; Ferry. From. H.T.; Wine. From. H.T.; Nels. From. H.T.; Selw. N.
P. h.t.; 3 Bl. Com. v. 13 Russ. Cr. b. 2, c. 30; 1 0 Mass.
R. 72 7 Pick. No. 76; 1 Collection of Root 129; 1 John. R. 78; 1 pp. & R. 219; 3 R. 447 of Yeates; 3 American lawyer, 85; 3 Harr.
and MCH. 441; Rose. Cr. Ev. H.T.; Note. Cr. L. Index, b. t.; Note.
Pr. Index, b. t., and vol. 1, p. 383; Bouv. Index inst., h.t. The term public nuisance includes a variety of minor offenses that threaten the health, morality, safety, comfort, convenience, or well-being of a community. Violations may be punishable by a criminal conviction, a fine or both. The defendant may also be asked to eliminate harassment or pay removal fees. For example, a producer who has polluted a watercourse could be fined and pay the cost of the clean-up.
Public nuisances can affect public health, for example when raising sick animals or a malaria pond. Public safety harassment includes shooting fireworks on the streets, storing explosives, practicing medicine without a license, or harboring a vicious dog. Brothels, illegal liquor establishments, casinos, and unlicensed price wars are examples of harassment that affects public morality. Blocking a highway or creating a situation that makes travel dangerous or very unpleasant are examples of harassment that threatens public convenience. In Scotland, there is no distinction between public and private harassment. In Scotland there is no liability for damages without proof of fault, although in most cases this is described as inconvenient, there will be an almost irresistible conclusion of fault. Scots law remains very similar to English law, where the remedy sought is the prohibition (the Scottish equivalent of injunction), the courts will restrict any use of land that causes unreasonable inconvenience to others. Search the Dictionary of Legal Abbreviations and Acronyms for acronyms and/or abbreviations that have drawbacks.
An action for compensation for damages resulting from the use of one`s own property. An attractive nuisance is a danger that can attract children to a person`s land. For example, a person who has a pool on their property is required by law to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children. As a general rule, laws must be interpreted in such a way as to avoid “inconvenience” when applied to the public, that is, to sacrifice or endanger important public interests, or to interfere with the lawful activity of government or the conduct of public affairs and, when applied to individuals, serious hardship or injustice. See Black, Iuterp.