If there is no
law prohibiting the recklessness conducts of
people in the society, that is
nuisance law, the spirit of live let live would have been
totally impossible in our society. Therefore, the law came in to prohibits a
person from the disturbing, inconveniencing, or injuring other persons by his
conduct, or use of his property.
The major purpose of the law of
nuisance is to maintain a balance between the right of a person to what he
likes on his property, and the right of his neighbor, or other persons to be
free from inconvenience or inconvenience. How to determine the balance of right
may not be certainly
stated, but it may be broadly said that a useful test for
determining this balances, is what is reasonable according to the ordinary uses
of mankind in a given community. The statement was made by LORD WRIGHT in the case of Sedleigh-Denfield
V.O. Callaghan.
In the case of Kennaway V Thompson, ERLE CJ clearly
stated the attitude of court thus: “it
appears to me that the affairs of life in a dense neighbourhood cannot be
carried on without mutual sacrifice….the law must regard the principle of
mutual adjustment…there must be a measure of give and take, live let live”.