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NUISANCE by Mind Map: NUISANCE

1. PRIVATE NUISANCE

1.1. READ V LYONS & CO LTD: AN UNLAWFUL INTERFERENCE WITH A PERSON'S USE, COMFORT AND ANY INTEREST THAT A PERSON MAY HAVE IN HIS LAND

1.2. ELEMENTS

1.2.1. SUBSTANTIAL INTERFERENCE

1.2.1.1. INTERFERENCE WITH THE USE, COMFORT OR ENJOYMENT OF LAND

1.2.1.1.1. WOON TAN KAN V ASIAN RARE EARTH SDN BHD

1.2.2. UNREASONABLENESS

1.2.2.1. SAUNDERS-CLARK V GROSVENER MANSIONS CO LTD

1.2.2.2. FACTORS THAT HAS TO ARISE

1.2.2.2.1. DAMAGE AND LOCATION OF THE PLAINTIFF'S AND DEFENDANT'S PREMISE

1.2.2.2.2. PUBLIC BENEFIT OF THE DEFENDANT'S ACTIVITIES

1.2.2.2.3. EXTRAORDINARY SENSITIVITY ON HE PART OF THE LAW

1.2.2.2.4. INTERFERENCE MUST BE CONTINUOUS

1.2.2.2.5. TEMPORARY INTERFERENCE AND ISOLATED INCIDENT

1.2.2.2.6. MALICE

2. PUBLIC NUISANCE

2.1. ATTORNEY GENERAL V PYA QUARRIES: ARISES WHEN AN ACT MATERIALLY AFFECT THE REASONABLENESS COMFORT AND CONVENIENCE OF LIFE OF A CLASS OF THE SOCIETY

2.2. ELEMENTS

2.2.1. MUST SHOWS THAT THE PERSON AFFECTED BY NUISANCE CONSTITUTED THE PUBLIC OR A SECTION OF THE PUBLIC

2.2.1.1. ATTORNEY GENERAL V PYA QUARRIES

2.2.2. PLAINTIFF MUST SHOWS SPECIAL DAMSGE

2.2.2.1. ROSE V MILES

3. REMEDIES

3.1. INJUNCTION

3.2. MONETARY COMPENSATION

3.3. REPORT TO THE RELEVANT AUTHORITIES

3.4. SELF-HELP: ABATEMENT

4. DEFENCES

4.1. PRESCRIPTION

4.2. STATUTORY AUTHORITY

4.3. OTHER DEFENCES

4.3.1. NECESSITY

4.3.2. CONSENT

4.3.3. DEFENCE OF THE PROPERTY

4.3.4. CONTRIBUTORY NEGLIGENCE