Nuisances Essay Example | Topics and Well Written Essays - 750 words

Nuisances - Essay Example   Secondly, the plaintiff must also prove that the act of nuisance constituted unreasonable and unlawful conduct. In arriving at a determination of whether the defendant’s actions can be held to be unlawful and unreasonable and thereby constitute the private nuisance, the Courts will take into account the locality of the land, because actions in areas may constitute nuisance while they would not in others. The Courts will also consider whether the nuisance action would have affected the sensitivity of a normal, everyday person.   For example, in the case of McKinnon Industries v, Walker fumes from a neighboring factory destroyed delicate orchids.   But the Courts held that since the smoke would have affected even ordinary flowers, the act constituted the private nuisance.  An act will not be construed as the private nuisance if its general outcome is to be of some use to the community, after taking into account the location and the time of the activities.   For examp le, in the case of Harrison v Southwark Water Company building work that was carried out during the day was not deemed to be a nuisance because it was carried out at a reasonable time during the day and was likely to improve the value of the surrounding property when completed.  An act will be held to be a nuisance if it can be demonstrated that the defendant had a malicious intent because this will serve to establish that the defendant's actions were unreasonable and thereby constitute the nuisance.