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First Principles of Business Law |
| Liability in tort for wrongful conduct |
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8. Private nuisance |
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8.1. Wrongful interference with another's rights in their property |
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Read the example below, and then answer the questions. A, a young lawyer, buys an old warehouse in an industrial area of Melbourne and converts it into a residential apartment. When he moves in, A finds that, during daylight hours, a nearby factory uses such noisy machinery that it is clearly audible in the apartment. And every day, heavy lorries taking supplies to a factory near A's building cause vibrations that crack A's newly plastered walls, although the damage is not structural. |
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1. Does the noise of the machinery constitute an actionable nuisance? 2. Do the trucks' vibrations constitute an actionable nuisance? If so, what relief might be available? 3. Would it make a difference if A was a tenant leasing the apartment rather than being the owner? |
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