Principle 1: Public nuisance is a crime although a civil action in tort may also be brought in addition but special damages need to be claimed to make a monetary claim. Principle 2: Private nuisance is a tort. Explanation 1: Public nuisance is obstruction of right of public in general. Explanation 2: Private nuisance is obstruction of right of private parties. Facts: Mills moored his barge in a public navigable creek thereby blocking it. Rose is obstructed using the creek but not much other inconvenience is caused to him. Mills claims that the creek is used only by two people i.e. Mills and Rose. So the only person inconvenienced by Mills mooring his barge there is Rose. What should Rose do? (a) Rose should sue him for private nuisance. (b) Rose should sue him for public nuisance. (c) Rose should sue him for public nuisance and bring a claim for special damages. (d) None of the abov
Posted on: Sun, 04 Aug 2013 03:42:53 +0000
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