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3 marksTorts of Defamation, Trespass, and Nuisance

CAPE Law Unit 2 · 2015 · Paper 2 · Question 2(i)

Zinga lives in the countryside growing and selling roses. Chemico Industries Ltd builds a fertilizer factory next door that releases polluting fumes. Zinga's asthma worsens, and her roses begin wilting and dying.

Explain the legal meaning of 'private nuisance' with reference to decided cases.

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Other parts of this question

  1. 2(ii)Explain TWO types of harm for which Chemico Industries Ltd may be liable, with reference to decided cases.[10 marks]
  2. 2(iii)Explain TWO factors taken into account by the courts in determining liability in private nuisance, with reference to decided cases.[12 marks]

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