Lesson 5 The Nature of tortious liabilit解析.pptVIP

Lesson 5 The Nature of Tortious Liability Introduction(1) What is a tort? What are the consequences of the commission of a tort? What does the torts law base upon? What’s the function of statute in the law of torts? Why? What is the province of law of torts? Useful words and phrases concerned (1) Occupiers’ Liability Act 1984 【 Occupiers’ Liability: 居住者（或占有者）的责任（指对土地或房屋的入侵或来访者应有的过失领域之法律责任）】 Suffer injury, loss, damage or annoyance due to the activities of others 【annoyance n. 使人烦恼的事物，麻烦事，讨厌物，烦恼，骚扰】=nuisance: 1. a condition or situation (such as a loud noise or foul odor) that interferes with the use or enjoyment of property. A nuisance may be a right thing in the wrong place, like a pig in the parlor instead of the barnyard. nuisance NUISANCE - Substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendants activity.This word means literally annoyance; in law, it signifies, according to Blackstone, anything that work as hurt, inconvenience or damage.Nuisances are either public or common, or private nuisances.A public or common nuisance is such an inconvenience or troublesome offence, as annoys the whole community in general, and not merely some particular person. To constitute a Public nuisance, there must be such a number of persons annoyed, that the offence can no longer be considered a private nuisance: this is a fact to be judged of by the jury. It is difficult to define what degree of annoyance is necessary to constitute a nuisance. In relation to offensive trades, it seems that when such a trade renders the enjoyment of life and property uncomfortable, it is a nuisance for the neighborhood have a right to pure and fresh air.A thing may be a nuisance in one place, which-is not so in another; therefore the situation or locality of the nuisance must be considered. A tallow chandler seeing up his baseness among other tallow chandlers, and increasing the