2021 02 20 Module 3

Tort law centers on the distinction between negligence and nuisance, with specific focus on defenses and legal standing. Negligence defenses include total bars like *volenti non fit injuria* and *ex turpi causa*, alongside the partial defense of contributory negligence under Section 21 of LARCO. Private nuisance requires proving unreasonable interference with the use and enjoyment of land, limiting standing to those with a legal interest in the property. Unlike private nuisance, which excludes personal injury claims, public nuisance addresses state-of-affairs that endanger public life, safety, or health, permitting personal injury damages for plaintiffs who suffer special damage. Key precedents such as *Hunter and Canary Wharf* clarify standing requirements, while *Castle and St. Augustine’s Links* illustrates how highway users can successfully claim for public nuisance when suffering specific, foreseeable harm.