RECONCEPTUALISING THE TORT OF PUBLIC NUISANCE
| Autor: | Jason Neyers |
|---|---|
| Rok vydání: | 2017 |
| Předmět: |
050502 law
05 social sciences Highways Private law Particular or Special Damage Public rights Tort Pure Economic Loss Torts 0506 political science Public Nuisance Kant Political science Law Pure economic loss 050602 political science & public administration Damages Privity of contract Mandate Public Rights Tort Theory Nuisance 0505 law |
| Zdroj: | Law Publications |
| ISSN: | 1469-2139 0008-1973 |
| DOI: | 10.1017/s0008197316000829 |
| Popis: | This article seeks to demonstrate three things. First, the orthodox conceptualisation of the tort of public nuisance is flawed, since: (1) it is in violation of basic private law principles related to privity and the actionability of crimes and (2) if taken seriously would mandate that the tort be abolished (as torts protect private not public rights). Second, the rights at the heart of the tort are the privately actionable rights to pass and repass on public highways and to fish in public waters, and that it is plausible that a sophisticated legal system would recognise such rights. Third, a tort reconceptualised in this way can make sense of: (1) the special damage rule that is generally thought arbitrary and (2) the general intuition that the recovery of damages for pure personal injuries is best left to other torts. |
| Databáze: | OpenAIRE |
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