20 Jan
TORT 2.4E NUISANCE (REMEDIES AND DEFENCES)
REMEDIES FOR NUISANCE:
- Abetment: Stopping the nuisance by yourself. This means of self-help may amount to a tort of trespass as such be careful and should not be malicious or mischievous. Unauthorised entry into land is prohibited unless in exceptional situations.
DEFENCES:
- Act of an unauthorised stranger.
- Reasonableness of conduct.
- Novus actus: an intervening act.
- Necessity: in order to avoid some imminent peril, the defendant takes an act which causes damage to the plaintiff.
- Statutory authority: and exclusion from liability. Although the court in LCC V Olutimehin, showed the readiness of the court to look deep into the provisions of the law and know whether the defendant’s action falls within the protection of the law. Which in this case was lacking under the alleged Lagos Local Government Act 1959.
- That the alleged nuisance is a custom in the area. For example industrial area. It is no defence that the plaintiff came to the nuisance-Bliss V Hall.
- Public health
Contributory negligence
