Not given ( no title ) Research Paper Example | Topics and Well Written Essays - 2250 words

Not given ( no title ) - Research Paper Example For there to be any private nuisance claim made, the plaintiff must provide the court with substantial proof of interference. It is then within the court’s jurisdiction to judge the reasonableness of the defendant’s behavior and try to establish fault from evaluating it. This establishes a balance between the two sides since the court evaluates the evidence before making a ruling. The court rules in favor of the plaintiff if it can establish that the plaintiff suffered because of the interference and will continue to do so unless compensated by the defendant (Dodson 2002, pg. 60). On the other hand, the statute defines public nuisance as any criminal activity which threatens the community as a whole. It is a criminal offence therefore; it attracts criminal cases tried by the criminal courts. The plaintiff in these cases is the state which represents the entire community and not a person or a group. On rare occasions do individuals benefit from a criminal case directly, for example, a person qualifies for a personal injury claim warranting compensation if the criminal activity in trial directly affected them. A good illustration of a public nuisance includes companies held liable for dumping hazardous waste materials into water catchment areas (Scott 2001, pg.68). However, some cases attract both private and public nuisance claims. The illustration mentioned above serves as a good example. The company could be held liable by the state for the polluting of a water catchment area which benefits the entire community. It can also be held liable by owners of the land adjacent to the water catchment area. They could claim that the companys negligent actions had adverse effects on the enjoyment of their comfortable homes (Scott 2001, pg. 77). Legislation describes the phrase interest in land’ in a way that attempts to include land solely owned by an individual in a legal manner. Meaning, the