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Nuisance
Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects". ''Private nuisance'' is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed. Definition Under the common law, persons in possession of real property (land ...
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Rylands V Fletcher
''Rylands v Fletcher'' (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, which leads to another's land being damaged as a result of dangerous things emanating from the land, is strictly liable.Bohlen (1911) 300 Rylands employs contractors to build a reservoir. As a result of negligent work done, the reservoir burst and flooded a neighbouring mine, run by Fletcher, causing £937 worth of damage (). Fletcher brought a claim under negligence against Rylands. At the court of first instance, the majority ruled in favour of Rylands. Bramwell B, dissenting, argued that the claimant had the right to enjoy his land free of interference from water, and that Rylands was guilty of trespass and the commissioning of a nuisance. Bramwell's argument was affirmed by the Court of Exchequer Chamber and the House of Lords, leading to the development of the "Rule in ''Rylan ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Environmental Health Officer
Environmental Health Officers (also known as Public Health Inspectors or Environmental Health Practitioners) are responsible for carrying out measures for protecting public health, including administering and enforcing legislation related to environmental health and providing support to minimize health and safety hazards. Environmental Health Officers keep our water, food, air, land, facilities and other environmental factors (factors external to a person) safe of health hazards, whether biological, chemical or physical. They also address the related factors that impact behaviours. Environmental Health Officers assess and control environmental factors that can potentially affect health, to prevent disease and create health-supportive environments. Environmental determinants of health play a major role in a community’s overall health and well-being, and thus Environmental Health Officers are essential in improving population health outcomes and reducing the burden of disease. Envi ...
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Public Nuisance
In English criminal law, public nuisance was a common law offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular. In Australia In ''Kent v Johnson'' the Supreme Court of the ACT held that public nuisance is "an unlawful act or omission ... which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment of any right common to all".''Kent v Johnson (Minister of State for Works)'' (1973) 2 ACTR 1; (1973) 21 FLR 177, Supreme Court (ACT, Australia). And also, public nuisance is a criminal offense at some common law and by statute under some states. To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant's interference is substantial and unreasonable. * (1): title to sue In the case ''Walsh v Ervin'',. as ...
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Thomas Fresh
Thomas Fresh (3 September 1803 – 3 April 1861) was a pioneer in British environmental health. In 1844, he became Liverpool's first public health officer. Life and career Thomas Fresh was born on 3 September 1803 at the family farm 'Newbarns', in the village of Newbarns, in the Lake District parish of Dalton-in-Furness. The family also had interests in property and iron-ore mining and trading. Fresh was appointed Liverpool's Inspector of Nuisances by the Borough's Health of the Town Committee on 4 September 1844, over two years before the celebrated appointments on 1 January 1847 of William Henry Duncan, as Britain's first Medical Officer of Health, James Newlands as the first Borough Engineer, and Fresh’s own re-appointment under the Liverpool ‘Sanatory’ Act of 1846. Even before his 1844 appointment Fresh was the officer responsible for environmental health interventions, working initially from the police department. He was also at various times concurrently Superintende ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ...
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New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ...
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Local Government Act 1972
The Local Government Act 1972 (c. 70) is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant Acts of Parliament to be passed by the Heath Government of 1970–74. Its pattern of two-tier metropolitan and non-metropolitan county and district councils remains in use today in large parts of England, although the metropolitan county councils were abolished in 1986, and both county and district councils have been replaced with unitary authorities in many areas since the 1990s. In Wales, too, the Act established a similar pattern of counties and districts, but these have since been entirely replaced with a system of unitary authorities. Elections were held to the new authorities in 1973, and they acted as "shadow authorities" until the handover date. Elections to county councils were held on 12 April, for metropolitan and Welsh districts on 10 May, and for non-metropolitan distri ...
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Metropolis Management Act 1855
The Metropolis Management Act 1855 (18 & 19 Vict. c.120) was an Act of the Parliament of the United Kingdom that created the Metropolitan Board of Works, a London-wide body to co-ordinate the construction of the city's infrastructure. The Act also created a second tier of local government consisting of parish vestries and district boards of works. The Metropolitan Board of Works was the forerunner of the London County Council. Background The Royal Commission on the City of London considered the case for creation of an authority for the whole of London. Its report recommended the creation of a limited-function Metropolitan Board of Works and seven municipal corporations based on existing parliamentary representation.Young, K. & Garside, P., ''Metropolitan London: Politics and Urban Change'', (1982) The Metropolitan Board of Works The act constituted the Metropolitan Board of Works and provided that its members should be chosen by the parish vestries and district boards also cons ...
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Public Health Act 1848
Local boards or local boards of health were local authorities in urban areas of England and Wales from 1848 to 1894. They were formed in response to cholera epidemics and were given powers to control sewers, clean the streets, regulate environmental health risks including slaughterhouses and ensure the proper supply of water to their districts. Local boards were eventually merged with the corporations of municipal boroughs in 1873, or became urban districts in 1894. Pre-Public Health Act 1848 Public Health Act 1848 The first local boards were created under the Public Health Act 1848 (11 & 12 Vict. c.63). The aim of the act was to improve the sanitary condition of towns and populous places in England and Wales by placing: the supply of water; sewerage; drainage; cleansing; paving, and environmental health regulation under a single local body. The act could be applied to any place in England and Wales except the City of London and some other areas in the Metropolis already under t ...
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Liverpool
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a population of 2.24 million. On the eastern side of the Mersey Estuary, Liverpool historically lay within the ancient hundred of West Derby in the county of Lancashire. It became a borough in 1207, a city in 1880, and a county borough independent of the newly-created Lancashire County Council in 1889. Its growth as a major port was paralleled by the expansion of the city throughout the Industrial Revolution. Along with general cargo, freight, and raw materials such as coal and cotton, merchants were involved in the slave trade. In the 19th century, Liverpool was a major port of departure for English and Irish emigrants to North America. It was also home to both the Cunard and White Star Lines, and was the port of registry of the ocean li ...
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