AAMMZZAARR && CCOO.. NNEEIIGGHHBBOOUURRSS FROM HELL? PREPARED FOR : PREPARED BY :
from our team, NURUL SYAFIKAH BINTI MOHAMAD SHABANA (2022485404) FATIN MUNIRAH BINTI MOHD NAZRI (2022624376) Greetings readers! First and foremost, I would like to express my gratitude to my lecturer and group mates for their valuable guidance and collaboration. Our magazine's main focus is on the topic of nuisance, with the aim of increasing awareness among our readers. We sincerely hope that you find the content in this issue both informative and thoughtprovoking. SYAZWINA NATASYA BINTI MOHD KHAIRI (2022449062) AHMAD NURAIMAN MUADZ BIN MOHD FAIDZ (2022628772) MUHAMAD FARIS AMZAR BIN MOHD FADZLI (2022486808) G'day! My name is Natasya, and I am honoured to express my heartfelt gratitude to our esteemed lecturer, Madam Hasni, for her unwavering guidance throughout this project. I would also like to thank my amazing teammates for their hard work and dedication in creating this magazine. The law of Torts is a fascinating topic that has captured my attention, and I hope this emagazine will provide you with a clearer understanding of the concept of nuisance. We had a lot of fun putting this magazine together with care and enthusiasm, and we hope you enjoy reading it. Thank you! Good Night readers! Here, I would love to express my gratitude to my beloved lecturer, Madam Hasni and my fellow group mates for their valuable time and ideas. Since you choose to read this magazine, I assume you know our main focus is on topic of nuisance which can be happened anytime, anywhere and even right now. Hence, I hope you may find the content of this magazine helpful and who knows maybe this can be a guidance for you to sue a person that bring nuisance to you life. Nevertheless, enjoy! Assalamualaikum and hello to you dear reader! hope this will be a pleasurable read to u, enjoy! In the name of Allah, Most Gracious and Most Merciful, I would like to say a thousand bunch of appreciation for my lecturer, Madam Nurulhasni along with my group members who worked hard to complete this task that has been entrusted to us. Preparing this emagazine is a task that is fun to carry out. I hope that all people will be ease and bless by our respective God and succeed to achieve your future's dream, Insya-Allah.
Tort of Nuisance Newspaper cutting Case law References 01 02 03 04
DEFINITION Literally means ANNOYANCE. Tort arising from unreasonable and unlawful use of property by a person resulting in material inconvenience to others. The purpose is to provide comfort for the public generally and for the protection of the environment. -Occurs when an act materially affects the reasonable comfort and convenience of life of a part of the society. Example: The obstruction of public highways and river pollution. -A claim based on public nuisance does not require the plaintiff to have any interest over land. PERSON WHO MAY CLAIM If it is a criminal proceeding, prosecution lies at the instance of the Public Prosecutor on behalf of the government. If it is a civil proceeding, a person who has suffered special damage can claim damages for public nuisance. -An unlawtul interference with a person's use, comfort, enjoyment, and any interest that a person may have over his land. -The plaintiff must prove interference with the enjoyment of his land must have an interest in the land to be able to sue for private nuisance. ESTABLISHING PRIVATE NUISANCE SUBSTANTIAL INTERFERENCE UNREASONABLENESS -Interference with the use, comfort, or enjoyment of land, A trivial interference does not give rise to nuisance. -Material or physical damage to land or property - The physical damage must be substantial in nature to be recoverable. Damage and location of the plaintiff's and defendant' premises. Public benefit of the defendant's activities Interference must be continous Malice Factors used as guidelines to determine whether an interference is unreasonable and actionable :
AN OVERHEAD VIEW OF THE HOUSES AT PINGGIR ZAABA (RIGHT) AND THE MRT TRACK RUNNING OVER THE DAMANSARA-PUCHONG HIGHWAY. he ongoing rail project running over the DamansaraPuchong highway has been the cause for noise complaints made by the residents of Pinggir Zaaba for a while now. Nevertheless, this matter will be addressed by the highway concessionaire, Lingkaran Trans Kota Holdings Berhad (LITRAK), and its asset owner. The LITRAK Communication Director, Shah Rizal Fawzi, had assured that the noise complaints made by the residents of Pinggir Zaaba will be addressed. LITRAK added in a statement that the matters raised by the residents will be discussed in a joint meeting with Mass Rapid Transit Corporation (MRT Corp), the asset owner of MRT Kajang Line and the Department of Environment (DOE). MRT Corp also said in a separate statement that a team had been sent to inspect the site at Pinggir Zaaba on March 3. It was revealed by the inspection team that the noise made by the trains of the MRT Kajang Line at the location actually complied with the permitted noise levels that had been set by the authorities. However, the team acknowledged that the noises made are at a much higher level by making a statement that they would extend their full cooperation to find a solution. This issue has brought varying opinions towards the response of bodies that are involved and responsible for the noises. One resident of Pinggir Zaaba, Mohd Idris Hassan was happy that the complaints were being looked over by the authorities. He also believes that by solving this issue, LITRAK and MRT Corp will garner a good reputation of being entities that truly care for the people’s interest. Nonetheless, Mohd Idris also emphasizes on how the bodies should know what to do as having qualified expertise works as an advantage to their part. Another opinion on the issue is made by another resident of Pinggir Zaaba, Saleh Mohammed who felt like their complaints had been cast aside as the bodies have four years to deliberate on the solution since the complaints had started being made in 2018. He added that the noise being at a permissible level set by DOE is the typical answer that they usually get. He strongly believes that the only way for the bodies to arrive at a conclusion for the solution of noises is by having them stay at Pinggir Zaaba for a week and let them experience the situation first-hand. He also suggested for the residents to be included in the meetings to give their input. Regardless of the fact that the noise made is at a permissible level as has been set by the DOE, it still affects the residents' day-to-day lives as has been stated by the SS20 Damansara Utama Residency Rukun Tetangga former chairman, Eileen Thong, who spoke on behalf of residents at Jalan SS20/10, Petaling Jaya. T
ISSUE RELEVANT LAW ILAC
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n conclusion, the team has explored and discussed various aspects of the law of tort, specifically the tort of nuisance. Through our research and analysis, we have gained a deeper understanding of the legal principles and elements that define this area of law, as well as the application of these principles in real-life scenarios. We have examined the different types of nuisance, including private and public nuisance, and the criteria that must be met for a claim to be successful. Our team has also discussed the various defences that may be used in response to a nuisance claim, such as statutory authority and coming to the nuisance. Furthermore, we have explored the evolving nature of nuisance in the context of modern technology and its impact on privacy and personal data laws. The case we have analyzed involving the implementation of a Guarded Neighbourhood scheme has highlighted the importance of balancing the need for security measures with the protection of individual rights and freedoms. Overall, our team has gained valuable insights into the complexities and nuances of the law of tort and the tort of nuisance. We hope that this magazine will serve as a helpful resource for both legal practitioners and individuals seeking to understand their legal rights and responsibilities in this area of law. CCCLLLOOOSSSUUURRREEE “Law is the essential foundation of stability and order both within societies and in international relations.” – J. WILLIAM FULBRIGHT – AMZAR & CO I
References AG v PYA Quarries Ltd [1957] 2 QB 169 Attorney-General for Ontario v Orange Productions Ltd [1971] Can LII 578 Ranjan Paramalingam & Anor v Bangsar Park Residents Association [2021] MLJU 352 Chen, G. (Mar 5, 2022). Litrak and MRT Corp respond to TTDI residents’ complaints of noise pollution. The Star. Retrieved from https://www.thestar.com.my/metro/metronews/2022/03/05/litrak-and-mrt-corp-respond-to-ttdi-residentscomplaints-of-noise-pollution Nurulhasni Shaari, Namirah Akahshah, Safari Na’aim, Siti Masrina Amit, Jusniza Abdul Jamal, & Farhah Abdullah. (2022). Introduction to the Law of Contract, Torts and Crimes. Foundation of Law, Centre of Foundation Studies, Universiti Teknologi MARA (UiTM) Cawangan Selangor Kampus Dengkil. Butler v Standard Telephones and Cables Ltd [1940] 1 KB 399 Penal Code [Act 574]