ABSTRACT
Generally, nuisance is a something that indecent or offensive to any individual or to society, especially the violation of the rights of their laws. Besides that, nuisance in the common law stated that it always involved with environment problem and it is among the earliest forum for environment protection. This paper is to highlight what are the causes that lead to the occurrence of nuisance. Besides that, we will also determine the types of nuisance and the impact to the business.
1.0 Introduction
The term of nuisance is comes from Latin nocere which is to do harm or to do inflict injury. According to Clerk (1989, p. 889), the nuisance has been defined as "a condition or activity that are interfering with the use or enjoyment of
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Unlike most other laws in Malaysia are using the provisions of the statute as a primary source, the principle of tort law can be seen in "common law" and the decisions of the English courts or judicial precedent. Branches of the law is constantly evolving with the court, a court in the country have been trying to adjust the application of common law on the situation in our country is a little different from the country of origin of the common law develops. Besides that, Halsbury's Law of England stated that the nuisance that is used as the law does not have an exact definition. Most of these nuisance problems arise from a situation that continued on the land, although one incident of its own is enough if it arises from the ongoing situation on the ground in the control of the defendant (Hailsham, …show more content…
in other words, someone creates a situation that is annoys and disgusting to its neighbors. Tort is also intended to protect the rights of landowners to enjoy or make use of his property in peace. It is not necessary to have a physical assault in order to establish the tort of nuisance. Otherwise, these disturbance caused by noise, odor, phone calls, smoking and others. The main remedies are usually applied by most of the victims nuisance is an injunction to prevent the nuisance from continuous. In Pacific Engineering Ltd. vs. Haji Ahmad Rice Mill Ltd. (1966), the court stated that a person is injured as a result of the nuisance can take action and claim damages for injury or claim affirming the
The texts Compatriots and Minor Incident by Emma Lee Warrior and Robyn Sarah’s explore the contrast between self-awareness and stereotype. Whereas Esther’s perception of the Jew community is contemplated through a sensible position, Hilda’s attitude and standpoint happens around a self-created stereotypical view of the Native Americans. When Esther recounts her story, she talks about many racial issues against the Jews. She sees the world in an accurate unpolished way. In contrast, Hilda doesn’t see the real phenomena as her view is constantly obfuscated by her stereotyped vision of Indian traditions and image.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
Further, a public nuisance under CA Civil Code §3480 is a nuisance that affects simultaneously a considerable number of persons (i.e. community or neighborhood). A private nuisance under CA Civil Code 3481 is a nuisance not defined as a public nuisance.
A trespasser is someone who does not have a land-owner 's express or implied permission to be on his or her property. Generally, a landowner does not owe a duty to trespassers; however, there are some exceptions to this rule. Children, for example, are an exception to this rule. A land-owner owes a duty warn of dangers on the land if they know or reasonably should have known that children are likely to trespass. For example, a landowner who owes a trampoline, reasonably should know that children are likely to trespass on his or her property. With regard to adults, a landowner has a duty to provide warning of injury. For example: signs that say “electric fence” or “beware of dog” are reasonable warnings for trespassers to prevent
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
Although level noise do not reach OSHA level (occupational safety & health administration) that causes noise-induced hearing loss, the paediatric nurse in the unit are exposed to continuous moderate noise levels that may causing impairment (Berens, 2008). In addition, these noise exposures may result in abnormalities in the stress response as well as in sleep patterns. (Berens, 2008). If working long shifts weekly and being exposed to noise it will have an effect on hearing loss. The loss of hearing depends on how loud the sound is and the length the person is exposed to sound. Exposure to high level of noise and sound can cause deafness. During or after being exposed to loud noise can leave a ringing sound in the ear. Noise will interfere with communication which could lead to misunderstanding of orders. This could lead to a higher risk of accidents when communication is
This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.
The Russian harlequin in Joseph Conrad’s Heart of Darkness expresses a common habit amongst sailors to smoke when he exclaims to Marlow, “Smoke? Where’s a sailor that does not smoke?” (132), correspondingly, in today’s world it is common for daily surroundings to include loud, obnoxious sounds that can potentially damage ones hearing permanently. This type of hearing disability is frequently referred to as N.I.H.L (Noise-Induced Hearing Loss). “N.I.H.L can be caused by a one-time exposure to an intense ‘impulse’ sound such as an explosion, or by continuous exposure to loud sounds over an extended period of time, such as noise generated in a woodworking shop” (“Noise-Indu...
Noise (Noise induced hearing loss NIHL): Another occupational hazard that contributes to workplace injury is excessive noise. Excessive noise may have adverse effects, which include, high blood pressure, stress, reduced performance and noise induced hearing loss. While there are other factors contributing to NIHL, the shortage of prevention is a high contributor. Engineering controls is one way of reducing noise at its source (Nelson et al. 20...
Situational crime prevention reduces the opportunities for criminals to commit crime by making changes to or altering the environment with the assistance of the police, neighbors and other agencies (Worrall, 2008). The main theories of situational crime prevention are: environmental crime prevention, rational offender perspective, and routine activities (Worrall, 2008). Environmental crime prevention basically states that four elements must be present for a crime to occur: a target, a place (opportunity), a law, and an offender. Environmental crime prevention is designed to prevent people from breaking the law by altering street and building designs, or altering the environment to make it safer (Worrall, 2008). An example of this that is used by law enforcement is to place a sign at the public trash dumpsters informing the public that the area is being videotaped. This method is used to alter the publi...
Even though Malaysia’s law system is similar to English Common law system, things like family conflicts and small conflicts at work are so...
Besides, English law can be found in the English common law or rule of equity. Under civil law Act 1956, section 3, In Peninsular Malaysia, the courts shall apply the common law of England and the rules of equity as administered in England on the 7th day of April 1956 where English law are applicable (Kozuka, n.d.). In Sabah and Sarawak, the courts only will apply the common law of England with statutes of general application as administered or enforced in England on the 1st December 1951 and 12th days of December 1949 respectively (Kozuka, n.d.). However, English commercial law also applies in Malaysia under section 5(1) of the Civil Law Act 1956 that the principles of English commercial law as they stood on 7th April 1956 shall be applicable in Peninsular Malaysia except for Penang, Malacca, Sabah and Sarawak in the absence of the local laws (Kozuka,
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
I think in order to uphold the justice of Malaysia, a part of the morality should be mandated by law, but another part of morality cannot be mandated to the law. This is because as mentioned above, moral's right or wrong cannot be clearly measured, it is based on personal conscience. However, the law can be clearly measured whether a person makes mistakes and will be punished according to law. However, we cannot include all moral principles in the law. This is because if we include all moral in the law, it may become illogical and unnecessary. For instance, Immanuel Kant is a philosopher and he says law adjusts people's external relations, while morality
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