What a nuisance: efficiency vs justice

Richard D'Ath

No 373400, Competition & Regulation Times from New Zealand Institute for the Study of Competition and Regulation

Abstract: The tort of nuisance challenges the right of one property holder to indirectly disturb the rights of another. It's one of the oldest causes of action in common law, dating from 1610 when William Aldred, disgusted at the foul emanations from his neighbour's pigs, took suit and won. But despite - or possibly because of - this weight of history, decisions in nuisance cases follow well honed conventions that more often than not set justice against economic efficiency. Richard D'Ath argues that greater flexibility would give courts the ability to vindicate both the rights of 'victims' and the wider societal interest in efficient law-making - and he proposes a means of achieving this.

Date: 2011-11-01
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Persistent link: https://EconPapers.repec.org/RePEc:vuw:vuwcrt:373400

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