nuisance

(redirected from Tort of nuisance)
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Related to Tort of nuisance: private nuisance

nuisance,

in law, an act that, without legal justification, interferes with safety, comfort, or the use of property. A private nuisance (e.g., erecting a wall that shuts off a neighbor's light) is one that affects one or a few persons, while a public nuisance (e.g., conducting a disorderly house) affects many persons. In some cases the victim of a private nuisance may abate it (e.g., tear down the wall). Damages are available to a party who suffers from a private nuisance or who is especially injured by a public nuisance, and courts will issue injunctions against continuing nuisances. Since public nuisances are injurious to the community, they may be prosecuted as crimes. Nuisance is a flexible legal category. Thus, while a slaughterhouse is lawful in a manufacturing district, it may be a nuisance in a residential quarter. Activities, such as operating blast furnaces, once deemed nuisances, are now recognized as indispensable and lawful.

nuisance

1. A public nuisance is said to exist in a building, structure, or premise: (a) if it is insufficiently cleaned, drained, lighted, or ventilated for the intended usage, (b) if it poses conditions detrimental to public health or dangerous to human life, and/or (c) if its air or water supplies are unwholesome.
2. A continuing legal wrong, usually committed by an owner or occupant of property on neighboring persons or property.

nuisance

Law something unauthorized that is obnoxious or injurious to the community at large (public nuisance) or to an individual, esp in relation to his ownership or occupation of property (private nuisance)
References in periodicals archive ?
Lord Atkin describes persons who are neighbours for the purpose of assessing proximity or the "duty of care", conceptions useful in the law of negligence but for now--de propos in this discussion of the separate tort of nuisance.
Such laws, however, are relatively new and thus do not carry" the same weight of history and judicial interpretation as does the tort of nuisance.
101) The non-delegable duty was recognised, and continues to be recognised, in cases related to the strict liability (102) tort of nuisance.