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The Law of Private Nuisance

by Allan Beever

Part of the Hart Studies in Private Law Series

The Law of Private Nuisance Synopsis

It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law. This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.

The Law of Private Nuisance Press Reviews

This is an important book. -- R.A. Buckley * The Cambridge Law Journal, Volume 73 * ... an extremely interesting, original and significant contribution to writing about the law of torts, and it is a real credit to Professor Beever that his arguments are expressed in a way that is so concise, clear and engaging. -- Roderick Bagshaw * Law Quarterly Review, Volume 130 * engaging, insightful, and eminently readable text...I very much enjoyed reading this book. Beever has an engaging style of writing, speaks in plain language, is knowledgeable about the law, and demonstrates impressive insight. -- Lewis N. Klar Q.C. * Canadian Business Law Journal, Vol 56 * [A] bold an stimulating book... -- Paula Giliker * Yearbook of European Tort Law, 2013 *

Book Information

ISBN: 9781849465069
Publication date: 22nd August 2013
Author: Allan Beever
Publisher: Hart Publishing an imprint of Bloomsbury Publishing PLC
Format: Hardback
Pagination: 180 pages
Categories: Nuisance,

About Allan Beever

Allan Beever is Professor of Law at the University of South Australia, Adelaide.

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