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The Law of Private Nuisance
Allan Beever
€ 80.31
€ 73.40
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Description for The Law of Private Nuisance
Hardback. The book is best understood as advancing a suggestion: that the law of nuisance is better understood by rejecting the contemporary understanding of it and beginning again with an approach the focuses on the prioritising of property rights. Series: Hart Studies in Private Law. Num Pages: 180 pages. BIC Classification: 1DBKE; 1DBKW; LNVF. Category: (P) Professional & Vocational; (U) Tertiary Education (US: College). Dimension: 239 x 168 x 15. Weight in Grams: 434.
It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law. This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.
Product Details
Publisher
Bloomsbury Publishing PLC
Number of pages
180
Format
Hardback
Publication date
2013
Series
Hart Studies in Private Law
Condition
New
Number of Pages
180
Place of Publication
Oxford, United Kingdom
ISBN
9781849465069
SKU
V9781849465069
Shipping Time
Usually ships in 5 to 9 working days
Ref
99-1
About Allan Beever
Allan Beever is Professor of Law at the University of South Australia, Adelaide.
Reviews for The Law of Private Nuisance
This is an important book.
R.A. Buckley
The Cambridge Law Journal, Volume 73
... an extremely interesting, original and significant contribution to writing about the law of torts, and it is a real credit to Professor Beever that his arguments are expressed in a way that is so concise, clear and engaging.
Roderick Bagshaw
Law Quarterly Review, Volume 130
...an engaging, insightful, and eminently readable text...I very much enjoyed reading this book. Beever has an engaging style of writing, speaks in plain language, is knowledgeable about the law, and demonstrates impressive insight.
Lewis N. Klar Q.C.
Canadian Business Law Journal, Vol 56
[A] bold an stimulating book...
Paula Giliker
Yearbook of European Tort Law, 2013
R.A. Buckley
The Cambridge Law Journal, Volume 73
... an extremely interesting, original and significant contribution to writing about the law of torts, and it is a real credit to Professor Beever that his arguments are expressed in a way that is so concise, clear and engaging.
Roderick Bagshaw
Law Quarterly Review, Volume 130
...an engaging, insightful, and eminently readable text...I very much enjoyed reading this book. Beever has an engaging style of writing, speaks in plain language, is knowledgeable about the law, and demonstrates impressive insight.
Lewis N. Klar Q.C.
Canadian Business Law Journal, Vol 56
[A] bold an stimulating book...
Paula Giliker
Yearbook of European Tort Law, 2013