TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Monday, September 30, 2013

Beever on "The Law of Private Nuisance"

BeeverFrom Hart Publishing comes news of a new title of interest to our TortsProf readers:

The Law of Private Nuisance  By Allan Beever

 "It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. 

 In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law.

 This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved."


Please click here to view the table of contents for this book 


Sept 2013   180pp   Hbk   9781849465069  RSP: £35 / €45.50

Discount Price: £28 / €36.40 

Hart Publishing is delighted to offer TortsProf readers a  20% discount.

Order Online in the US

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘TORTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

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If you have any questions please contact Hart Publishing Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW Telephone Number: 01865 517 530 Fax Number: 01865 510 710


Hart Publishing Ltd. is registered in England No. 3307205



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