Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assize of nuisance
hist. A judicial writ directing a sheriff of the county where an alleged nuisance occurred to summon a jury to view the premises and do justice. 0 a successful plaintiff is entitled to abate the nuisance and recover damages. - also termed assisa de nocumento.
Attractive nuisance.
see nuisance.
Attractive-nuisance doctrine.
torts. The rule that a person who owns property on which there is a dangerous thing or condition that will foreseeably lure children to trespass is under a duty to protect those children from the danger <the attractive-nuisance doctrine imposed a duty on the school to protect the children from the shallow, polluted pond on school property>. - also termed turntable doctrine; torpedo doctrine. See dangerous instrumentality.
abatable nuisance
A nuisance so easily removable that the aggrieved party may lawfully cure the problem without notice to the liable party, such as overhanging tree branches.
absolute nuisance
1. Interference with a property right that a court considers fixed or invariable, such as a riparian owner's right to use a stream in its natural condition. 2. See nuisance per se. 3. Interference in a place where it does not reasonably belong, even if the interfering party is careful. 4. Interference for which a defendant is held strictly liable for resulting harm, esp. in the nature of pollution. Cf. qualified nuisance. Sense (4) has been disapproved: "[T]he use of the term nuisance' to describe the tort liability that sometimes results from accidental invasions produces too much confusion." Prosser and Keeton on the Law of Torts § 89, at 637 (W. Page Keeton ed., 5th ed. 1984).
actionable nuisance.
See NUISANCE (3).
anticipatory nuisance
see nuisance.
attractive nuisance
A dangerous condition that may attract children onto land, thereby causing a risk to their safety. See ATTRACTIVENUISANCE DOCTRINE. "[T]he doctrine acquired the unfortunate misnomer 'attractive nuisance,' a label which persists to this day. It cannot be taken literally, since the courts have now largely rejected the notion that the child must be attracted by that which injures him, and whether or not the condition is in fact a 'nuisance' has nothing at all to do with defendant's liability to the child." Edward J. Kionka, Torts in a Nutshell 89 (2d ed. 1992).
cognate nuisance
Rare. Interference with an easement. "The term nuisance is applied to torts of two distinct groups, first, acts of wrongful user by an owner or possessor of land resulting in an unreasonable interference with the rights of enjoyment of the owner or possessor of neighboring land, and, second, wrongful interferences with easements or other incorporeal rights." William F. Walsh, A Treatise on Equity 170 (1930). "When an easement was interfered with, an action on the case lay as a matter of course .... Such an interference is sometimes called 'cognate nuisance' to distinguish it from interferences with the personal enjoyment of the incidents of occupying the land." J.H. Baker, An Introduction to English Legal History 486 (3d ed. 1990)
common nuisance
See public nuisance under NUISANCE.
continuing nuisance
A nuisance that is either uninterrupted or frequently recurring. ( It need not be constant or unceasing, but it must occur often enough that it is almost continuous.
legalized nuisance
A nuisance sanctioned by legislative, executive, or other official action and therefore immune from liability, such as a city park.
mixed nuisance
See NUISANCE.
nuisance
1. A condition or situation (such as a loud noise or foul odor) that interferes with the use or enjoyment of property. ( Liability might or might not arise from the condition or situation. - Formerly also termed annoyance. "A nuisance may be merely a right thing in the wrong place, like a pig in the parlor instead of the barnyard." Village of Euclid v. Amber Realty Co., 272 U.S. 365, 388, 47 S.Ct. 114, 118 (1926). "A 'nuisance' is a state of affairs. To conduct a nuisance is a tort. In torts, the word 'nuisance' has had an extremely elastic meaning; sometimes it is little more than a pejorative term, a weasel word used as a substitute for reasoning .... The general distinction between a nuisance and a trespass is that the trespass flows from a physical invasion and the nuisance does not." Roger A. Cunningham et al., The Law of Property § 7.2, at 417 (2d ed. 1993). 2. Loosely, an act or failure to act resulting in an interference with the use or enjoyment of property. 0 In this sense, the term denotes the action causing the interference, rather than the resulting condition <the Slocums' playing electric guitars in their yard constituted a nuisance to their neighbors>.
nuisance dependent on negligence
See qualified nuisance.
nuisance in fact
A nuisance existing because of the circumstances of the use or the particular location. ( For example, a machine emitting high-frequency sound may be a nuisance only if a person's dog lives near enough to the noise to be disturbed by it. - Also termed nuisance per accidens.
nuisance money
See nuisance settlement under SETTLEMENT.
nuisance per accidens
See nuisance in fact under NUISANCE.
nuisance per se
See NUISANCE.
nuisance settlement
A settlement in which the defendant pays the plaintiff purely for economic reasons - as opposed to any notion of responsibility - because without the settlement the defendant would spend more money in legal fees and expenses caused by protracted litigation than in paying the settlement amount. ( The money paid in such a settlement is often termed nuisance money.
permanent nuisance
A nuisance that cannot readily be abated at reasonable expense. Cf. temporary nuisance.
private nuisance
See NUISANCE.
prospective nuisance
See anticipatory nuisance.
public nuisance
An unreasonable interference with a right common to the general public, such as .a condition dangerous to health, offensive to community moral standards, or unlawfully obstructing the public in the free use of public property. ( Such a nuisance may lead to a civil injunction or criminal prosecution. - Also termed common nuisance.
qualified nuisance
A condition that, though lawful in itself, is so negligently permitted to exist that it creates an unreasonable risk of harm and, in due course, actually results in injury to another. ( It involves neither an intentional act nor a hazardous activity. - Also termed nuisance dependent on negligence. Cf. absolute nuisance.
qualified nuisance.
See NUISANCE,
temporary nuisance
See NUISANCE.