Critically examine the similarities and differences between public and Essay

Critically examine the similarities and differences between common and private nuisance. Support resolving with relevant statute and case equity - Essay ExampleAlthough such obstruction may answer inconvenience to m any(prenominal) persons but none raft be allowed to bring a civil follow up for that, otherwise there may be hundreds of actions for a. single act of public nuisance. To avoid multiplicity of suits the law makes public nuisance only an offence punishable under criminal law.In certain cases, when any person suffers some special or particular misuse, different from what is inflicted upon public as a whole, a civil right of action is available to the person injured. What is otherwise a public nuisance, also becomes a private nuisance so far as the person suffering special damage as concerned. The expression special damage in this context means damage movementd to a party in contradistinction to the public at largest For example, digging trench on a public highway may cause inconvenience to public at large. No member of the public, who is thus obstructed or has to take a diversion along with others, can sue under civil law. But if any one of them suffers much damage than suffered by the public at large, e.g., is severely injured by falling into the trench, he can sue in tort. In order to sustain a civil action in love of a public nuisance proof of special and particular damage is essential.The proof of special damage entitles the plaintiff to bring a civil action for what may be otherwise a public nuisance. Thus, if the standing of horses and wagons for an unreasonably long time outside mans contribute Creates darkness and bad smell for the occupants of the house and also obstructs the access of customers into it, the damage is particular, direct and substantial and entitles the occupier to maintain an action.(Benjamin v. Storr,(1874) L.R.9C.P.400)In Rose v. Milles(1815 4M.&S.101) the suspect wrongfully moored his barge across a public navig able crack. This blocked the way for plaintiffs barges and the plaintiff had to mother considerable