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Q&A Torts 2013-2014, 10th Edition by Janice Elliott Montague

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9

Nuisance

Introduction

Questions on nuisance are popular with examiners, possibly because nuisance is a complex topic with several unresolved areas. Much of this complexity is due to the fact that there are few hard-and-fast rules as to what constitutes a nuisance; instead, there are a number of guidelines that the court may or may not decide are relevant in deciding whether a particular activity amounts to a nuisance.

Recently, a number of nuisance cases have involved the provisions of the Human Rights Act 1998 and candidates should be aware of the importance of this rapidly developing area of law.

Question 26

Sarah owns a house in a small ...

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