“an act not justified by law, or a failure to comply with a statutory duty, which hinders, harasses or harms the public in the exercise of the rights common to all subjects of Her Majesty”. [1] There are several defenses against this offense, including contributory negligence, risk-taking, harassment, or legal compliance. There are two categories of harassment in U.S. law: de facto harassment or “harassment per accidens” and harassment per se. The classification determines whether the application is submitted to the jury or whether it is decided by the judge. An allegation of harassment is, in fact, a question of fact that must be decided by the jury, which decides whether the thing (or act) in question caused harassment by examining its location and environment, how it behaved and other circumstances. [14] To establish that something is indeed a nuisance, it is also necessary to prove the act and its consequences. [14] Most harassment lawsuits actually claim, for the simple reason that few actions or structures per se were considered harassment. In general, an act or use of property, if lawful or authorized by a competent authority, cannot constitute a nuisance in itself. [17] Rather, the act in question must be declared troublesome either by public law or by case law itself. [18] There are few state or federal laws or jurisprudence that declare actions or structures to be inherently disruptive. Only a few activities or structures, in themselves and in all circumstances, constitute a nuisance; In this way, the courts decide whether an act or structure in itself constitutes a nuisance or not. [19] An ordinary nuisance is punishable as an offence at common law, where no special provision is made by law.
In modern times, many of the old inconveniences of the common law have been legislated. It is not a defence for a master or employer that harassment is caused by the actions of his servants when such acts are part of their employment, even though these acts are committed without his knowledge and contrary to his orders. Nor is it disputed that the nuisance has existed for a long time, for no passage of time justifies a public nuisance. [32] In its deliberations on Riblet v. Spokane-Portland Cement Company, 41 Wn.2d 249, 254 (1952), the State Supreme Court asked and answered the question: “What is a nuisance?” The court stated: In Washington, there are two types of laws dealing with harassment. Chapter 7.48 RCW concerns civil proceedings to reduce harassment and Chapter 9.66 RCW concerns criminal proceedings to reduce harassment. Last but not least, the benefits include the fact that the measures are not limited to the specific types of harassment that constitute “legal harassment”. Whether harassment has been or will be committed depends largely on the facts and the degree of seriousness of whether harassment has been or will be committed: “Things that are forbidden in an overcrowded urban community may be allowed in the countryside.
What is forbidden in a closed country can be tolerated outside. An injunction or prohibition in Scotland is issued to prevent the harassment from continuing or repeating itself and compensation is awarded for the harm it has caused. Here the laws of England and Scotland differ. In practice, the law works in such a way that if a member of the neighbourhood feels that a neighbour`s noise level is disturbing or excessively loud, that neighbour is responsible for informing the municipal police so that they can react to the location of the noise. “The responding official shall have a certain margin of appreciation in dealing with the noise complaint. To determine the appropriate response, the officer may consider many factors, such as the severity of the noise, the time of day, whether residents were notified in advance, the cooperation of local residents to resolve the problem. [25] [26] At common law, the only remedy for harassment was to pay damages. However, with the creation of equitable courts, the remedy of an injunction became available to prevent a defendant from repeating the activity that caused the harassment and to set the sentence for contempt if the defendant violates such an injunction. Examples of private harassment abound. Harassment that affects the physical condition of the property includes vibrations or explosions that damage a home; destruction of crops; rising groundwater levels; or pollution of soil, a watercourse or a groundwater supply. Examples of nuisances that affect an occupant`s comfort, convenience or health include foul odours, harmful gases, smoke, dust, loud noise, excessive light or high temperatures.
In addition, harassment can also disrupt a resident`s peace of mind, such as a neighbor guarding a vicious dog, even if an injury is only imminent and has not actually occurred. Private harassment stems from the lawsuit in this case and protects a person`s right to use and enjoy their land. [5] It does not include trespassing. [6] Over the past 1,000 years, public nuisances have been used by government agencies to suppress behavior considered quasi-criminal because, while not strictly illegal, they were considered inappropriate given the likelihood of harming anyone in the general public.
No comment Click here to read/write comments
