Public Nuisance And Legal Remedies
Definition:
Public nuisance is an act or omission that materially affects the reasonable comfort, safety, or convenience of a section of the public or the community. It is not confined to a private individual but affects a public right.
Characteristics:
It affects a public right or the general public.
The nuisance must cause obstruction, annoyance, or damage to the public.
The affected class should be large enough to be considered a section of the public.
It can arise from actions or omissions.
The injury or damage is to the community or a significant portion of it.
Difference from Private Nuisance:
Private Nuisance affects an individual or a few individuals.
Public Nuisance affects the public or a significant part of the community.
Private nuisance usually deals with property rights, whereas public nuisance involves public rights.
Legal Remedies for Public Nuisance:
1. Criminal Prosecution
Public nuisance is a criminal offense. The state can prosecute the wrongdoer to prevent or punish the nuisance.
2. Civil Suit
Generally, only the Attorney General or a public official can sue for public nuisance.
However, if a person suffers special damage over and above the public, they can file a private civil suit.
3. Injunction
Courts can issue an injunction to stop the nuisance and prevent it from recurring.
4. Damages
Compensation may be awarded if there is special damage to the claimant beyond that suffered by the public.
Case Laws on Public Nuisance
1. Rex v. Common Council of East London (1882)
Facts: The Council allowed a factory to discharge noxious fumes into the air, affecting the public.
Issue: Whether the Council was liable for causing a public nuisance.
Held: It was held that the council was liable as the fumes affected the public health.
Principle: Authorities responsible for allowing public nuisances may be liable if they fail to prevent harm to the community.
2. R v. Rimmington (2005)
Facts: The defendant sent racially offensive letters to many people, which was alleged to be a public nuisance.
Issue: Whether sending offensive letters to several people constituted a public nuisance.
Held: The court held that it was not public nuisance because the effect was not on a section of the public but on individuals.
Principle: Public nuisance must affect a section of the public, not isolated individuals.
3. Attorney-General v. PYA Quarries Ltd. (1957)
Facts: Quarry operations created dust and noise affecting nearby residents.
Issue: Whether the nuisance was public or private.
Held: The court held it was public nuisance as the nuisance affected a large section of the public.
Principle: Acts affecting a substantial number of people can amount to public nuisance.
4. R. v. Goldstein (1839)
Facts: The defendant stored explosives negligently causing a danger to public safety.
Held: The court held that this amounted to a public nuisance.
Principle: Acts endangering public safety can be public nuisance.
5. Corby Group Litigation v. Corby Borough Council (2008)
Facts: Toxic waste from a council-owned site contaminated the area, affecting residents’ health.
Issue: Whether the council was liable for public nuisance.
Held: The court held the council liable for creating a public nuisance.
Principle: Public authorities can be liable for public nuisance if their actions cause harm to public health.
6. Southport Corporation v. Esso Petroleum Co. Ltd. (1953)
Facts: Oil was spilled into the sea, polluting the bathing beach and affecting the public.
Issue: Whether this was a public nuisance.
Held: The court held it was a public nuisance affecting public rights.
Principle: Environmental pollution affecting public places is a classic example of public nuisance.
7. R v. Wheeler (1984)
Facts: The defendant created a loud noise affecting the neighborhood.
Issue: Whether noise pollution could be public nuisance.
Held: The court held it could be public nuisance if it affects a substantial number of people.
Principle: Noise can amount to public nuisance when it substantially interferes with public comfort.
Summary Table of Key Points
| Aspect | Public Nuisance |
|---|---|
| Affects | Public or a section of the community |
| Nature | Criminal and Civil (in certain cases) |
| Remedy | Prosecution, Injunction, Damages |
| Special Damage | Required for private suit by individuals |
| Public Authority Role | Can be liable for permitting or failing to stop nuisance |
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