scholarly journals The Uncompensated Takings of Nuisance Law

2017 ◽  
Author(s):  
Jill Fraley
Keyword(s):  
Nuisance Law

Economic analysis of environmental law: pollution control and nuisance law

2009 ◽  
Vol 8 (3) ◽  
pp. 252-271
Author(s):  
John E. Velentzas ◽  
Kyriaki K. Savvidou ◽  
Georgia K. Broni
Keyword(s):  
Economic Analysis ◽  
Pollution Control ◽  
Environmental Law ◽  
Nuisance Law

scholarly journals Tate & Lyle : Pure Economic Loss and the Modern Tort of Public Nuisance

2016 ◽  
Author(s):  
J. W. Neyers ◽  
Andrew Botterell
Keyword(s):  
Economic Loss ◽  
Logical Approach ◽  
Pure Economic Loss ◽  
Public Property ◽  
House Of Lords ◽  
Public Nuisance ◽  
Nuisance Law ◽  
Actual Loss

Professor Lewis Klar criticizes the Canadian approach to the tort of public nuisance forbeing illogical and incoherent. The authors agree with Klar’s assessment of the current stateof public nuisance law, but argue that insights drawn from the House of Lords decision inTate & Lyle Industries Ltd. v. Greater London Council offer a way forward. Byconceptualizing the tort of public nuisance as a cause of action that protects subjects fromsuffering actual loss that is consequential on the violation of their passage and fishing rightsover public property, Tate & Lyle offers a coherent and restrained formulation of the tortof public nuisance. This article examines the Tate & Lyle approach to public nuisance andapplies it to two infamous Canadian public nuisance cases. It concludes that the coherent,logical approach to public nuisance articulated by the House of Lords in Tate & Lyle shouldbe readopted by Canadian courts.

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