Table of Contents

Question 1.

The legal responsibility and the consequences.

Remedy.

Question 2.

References.

Remedies - Question 1

The domain of private nuisance stretches quite far. the private disturbance is interfering with the pleasure and possession of a person's property. The statute acknowledges that holders, or those in lawful ownership of properties, possess the privilege to the uncompromised nature of the estate and to fair flexibility and ease in their employment. The plaintiff here has been a victim of the above for a significant period of time and has to go through a lot of ailments due to that. The plaintiff has been diagnosed with generalized anxiety disorder, which may lead to disorientation in his private and professional life.

The Legal Responsibility and The Consequences

The case or issue of private nuisance has been a matter of concern for many years now. Among the leading causes of private nuisances, there are certain variables quite clearly understood. The court of law takes into consideration certain aspects of the case while proceeding with the case. The three aspects are, the fault of the defendant (the neighbor), the damages that have been caused to the plaintiff, and the justification of the defendant's conduct [1].

  • Fault: The defendant has a dog at home who barks continuously while the defendant is away for work. The defendant stays away from home most of the time due to professional and personal reasons. The barking of the dog has been causing distress for the plaintiff.
  • The damages that have been caused to the plaintiff: The constant barking of the dog has resulted in the development of an anxiety disorder in the plaintiff. This will contribute to disorientation in both his personal and professional life. As the plaintiff is an architect who works from home, he needs the ambiance to execute his work in a piece and the constant barking of the canine is rendering him unable to do so.
  • The justification of the defendant’s conduct: The conduct of the defendant has to be assessed thoroughly from a non-biased perspective to maintain and establish the balance in the law. The court will also assess a remedy for the defendant to compensate the plaintiff with, for the inconvenience that has been caused.

Remedy

In most of the nuisance cases, the defendant usually resorts to monetary compensation for the inconvenience of the plaintiff. In certain cases, however, there is another kind of action that can be issued. With regards to the situation of the plaintiff, an injunction can be filed to decide a suitable alternative place of living for the defendant's dog [2]. An injunction is considered to be a drastic remedy, but in this case, the plaintiff may or may not resort to that, depending upon the satisfaction of the monetary compensation.

Remedies - Question 2

Law: Civil liberty Act part 2 [3]

Explanation of the law: This is a law that concerns the civil rights and liberty of the individuals who fall under the jurisdiction of the aforementioned constitution. It encompasses the concern of well- being and health of the individuals with respect to their liberty of enjoyment of necessary rights as a democratic citizen of the nation. The word civil law is also applied to appeal to one or several certain protections or, explicitly, to the nation's duty to defend some groups of persons from infringement of the citizens and their personal freedoms.

Discussion: The plaintiff is an individual in distress who has contracted coronavirus from his neighbor. The scenario is: The plaintiff invited his neighbor for a drink over the issue of dog, with the intention of drawing a healthy middle ground. When after a while, a middle ground could not be drawn, the plaintiff suggested that he will resort to legal action. Upon hearing that, the defendant spits spitefully in the plaintiff's glass of schooner. Later it turns out that the defendant is an asymptomatic carrier of the virus and the plaintiff contracted the virus from her. In such a case of the negligent battery, the civil liberty act applies to the defendant [4]. Section 3b of the civil liberty act has been modified over the years to incorporate the cases of dust diseases" or viral diseases. Which can be applied in this case, the defendant negligently, to make a display of her spite towards the plaintiff spits in his glass of schooner, this results in the plaintiff being sick from a disease that has been causing havoc all over the world right now [5].

Conclusion: Under the violation of the civil liberty act, the defendant can be subjected to address a number of concerns to the plaintiff. The most common way of settlement is monetary but that depends on the preference and satisfaction of the plaintiff. The plaintiff can also choose to elevate towards a more peaceful and dismissing way of settling the matter personally with the defendant outside the court, catering to a satisfactory compensation.

References for Civil Liberty Act

"CIVIL LIABILITY ACT 2002 - SECT 3Bcivil Liability Excluded From Act", Classic.Austlii.Edu.Au (Webpage, 2020) <http://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html>

"Injunctions And Alternative Remedies In English Intellectual Property Law" (2019) 11(3)

Gostin, L. O., & Hodge, J. G., “US emergency legal responses to novel coronavirus: balancing public health and civil liberties” (2020). Jama, 323(12), 1131-1132.

Steel, S., "THE LOCALITY PRINCIPLE IN PRIVATE NUISANCE" (2017) 76(01) The Cambridge Law Journal

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help

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