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  • In relation to the distinction between a private nuisance and a public nuisance, which one of the following statements is untrue?Option: 1 To establi

In relation to the distinction between a private nuisance and a public nuisance, which one of the following statements is untrue?

Option: 1

To establish that a private nuisance has occurred, the claimant will need to establish an interest in the land affected. No such requirement exists in relation to public nuisances.


Option: 2

The defence of prescription is available in cases of private nuisance, but not in cases involving a public nuisance.


Option: 3

A private nuisance constitutes a tort only, whereas a public nuisance can amount to both a tort and a crime.


Option: 4

Damages for loss of enjoyment can be recovered in the case of a private nuisance, but cannot be recovered in the case of a public nuisance.


Answers (1)

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The correct option is a. 

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