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6. THE LIABILITY OF BUSINESSES FOR NUISANCE
THE LIABILITY OF BUSINESSES FOR NUISANCE is about the liability businesses have if they disturb others, specifically by creating problems with things such as causing flooding, polluting someone else’s land with chemicals, disturbing neighbours with noise, and other similar issues.
The focus is on the precedent common law case in this area, Rylands v Fletcher (1868). The case illustrates how this law was established and the legal thinking behind the tort of nuisance. It examines the legal remedies of damages and injunction, both of which may be available to an injured party. The module also looks at the flexibility of the common law in dealing with nuisance claims on a case-by-case basis.
Course access: this online legal English course will be available for 18 months after purchase.
At the end of this course in English for lawyers, you will know more about:
- nuisance as one of the heads of tort
- the concept of nuisance in the common law and why businesses must be aware of it
- the liability business owners have to their neighbours, both commercial and residential, when disturbing what the law calls a person’s right to the ‘quiet enjoyment’ of their own land
- the legal concept of strict liability and in which situations strict liability applies
- the flexibility of the common law and how the law on the tort of nuisance has adapted and evolved over time
- the way in which a court may distinguish a case and a set of circumstances from another during the process of litigation
- the famous 1977 nuisance case of Miller v Jackson and the process of a cross-appeal
- appeals through the UK courts where decisions are either upheld or overturned
- the remedies of prohibitory injunction and damages in nuisance cases
- some key legal English dictionary terms that are essential to practising commercial law at an international level
TOLES PREPARATION: This course is excellent preparation for all three levels of the TOLES exams in professional legal English.
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1. THE FORMATION OF A CONTRACT
2. BOILERPLATE CLAUSES IN COMMERCIAL CONTRACTS
3. THE LIABILITY OF BUSINESSES FOR NEGLIGENCE
4. SOLE TRADERS AND TRADITIONAL PARTNERSHIPS
5. CONTRACTUAL WARRANTIES
6. THE LIABILITY OF BUSINESSES FOR NUISANCE
7. DAMAGES AS A REMEDY FOR BREACH
8. PAYMENT CLAUSES AND RETENTION OF TITLE
9. AN INTRODUCTION TO LIMITED COMPANIES
10. THE STRUCTURE OF A COMMERCIAL CONTRACT
