Nuisance vs Negligence
In tort law, nuisance and negligence are civil wrongs that result in harm to others due to an action or inaction by an individual, making them liable to pay compensation to the victim. While both nuisance and negligence involve legal liabilities, there are differences between these two civil wrongs depending on the context and the intention of the tortfeasor, or the person who commits the tort.
Nuisance
Nuisance occurs when a person creates a condition that interferes with the rights of an individual to enjoy their property. The perpetrator may commit an act or omission, such as sound pollution, gas pollution, or forcible occupation of part of the plaintiff’s property. If a property owner feels annoyed by their neighbor’s actions that interfere with their uninterrupted enjoyment of their private property, they can obtain a writ of nuisance against the neighbor. This is known as private nuisance, separate from public nuisance. To invoke tort law under nuisance, the plaintiff must prove that the act or omission by the defendant is intentional and causes physical damage to their property or discomfort to them in some way.
Negligence
Negligence typically involves an unintentional act or omission that causes harm to another individual, leading to a civil wrong. In the case of trespass caused by negligence, the interference with the enjoyment of one’s private property is due to the defendant not exercising proper care. This means that the act or omission is not intentional but is due to negligence on the part of the defendant. If the defendant organizes a party and plays loud music in the evening, thinking it is not bedtime, they are still causing annoyance to the plaintiff and are liable for punishment under tort law.
Key Takeaways
- In nuisance cases, the act or omission by the defendant is intentional, while in negligence cases, it is not intentional and causes annoyance due to a lack of proper care.
- If the property owner’s right to enjoyment is disturbed by the defendant’s act and can prove it is intentional, they can obtain a writ under nuisance against the defendant.
- The defendant’s liability in nuisance cases is generally greater than in negligence cases, with fault-based liability in negligence cases and strict liability for any material harm in nuisance cases.
