The Law of Private Nuisance

1. Introduction I. General II. Outlook III. Scope IV. Use 2 The Conventional View I. A Debate: A Comment on Style II. The View III. An Account of the Law IV. Two Specific Difficulties with the Conventional View V. Conclusion 3 The Grounds of Liability I. Finding the Ground II. Examining the Ground III. The Structure of Analysis IV. The Case Law 4 Illustrations of the General Principle I. The Rule of Give and Take, Live and Let Live II. The Location III. The Sensitivity of the Claimant IV. The Duration of the Interference V. Isolated Events 5 The Activity I. The Description of the Parties' Activities II. The Malice Doctrine 6 Coming to a Nuisance I. Bliss v Hall II. Sturges v Bridgman III. Miller v Jackson IV. Kennaway v Thompson V. Why 'Who Got There First?' Does Not Matter VI. Miller v Jackson Revisited 7 A Nuisance Coming to You I. Three Views II. The Traditional Law III. The Slide to Negligence IV. Criticism of the Contemporary Approach V. An Alternative Approach VI. Revisiting the Case Law 8 Fault and Foreseeability I. Introduction II. Fault, Negligence and Foreseeability III. Foreseeability and Nuisance IV. Justifying Strict Liability 9 The Rule in Rylands v Fletcher I. The Relationship between Nuisance and Rylands v Fletcher II. The Place of Rylands v Fletcher in the Modern Law 10 The Parties I. Standing: Who Can Sue? II. Identifying the Defendant: Who Can Be Sued? 11 Statutory Authority 12 Remedies I. Injunctions II. Remoteness 13 Conclusion