tutorial 1

Question 1

Distinguish between public and private nuisance.

Question 2

What is the effect on liability for nuisance on abnormal sensitivity of persons or property?

Question 3

Kamala and Devi are neighbours. They live next door to each other in a row of single storey terrace houses in Taman Kencana. Kamala is a part-time law student of Nirwana College and at the same time works on night shifts at Mc Dowell’s restaurant. She spent her daytime sleeping, studying and surfing the internet searching for her study materials.

Devi has been licensed by the local council under statutory powers to start a nursery. She got the permission to look after up to 15 children below 5 years old during a daytime. Kamala finds the noise of the children in Devi’s house and garden very distracting as it keeps her awake and makes it difficult for her to concentrate with her study. She then started singing obscene songs loudly. Some of the young children are able to pick up the bad words and the parents are now threatening Devi to remove their children from Devi’s care. Advise Kamala and Devi.