Business/commercial law essay question and answers

A builds a factory for the manufacture of chemical called synoyd. After the factory is completed and becomes operation, it turns out that it emits a lot of fumes which in themselves are a nuisance to A’s neighbours. What is worse, it has also transpired that when it rains, the fumes after mixing with the rain-water produce a substance that is destroying fish in the nearlake. As neighbour are unhappy and wish to sue him.

Advise them.
ANSWER

• This problem is based on the tort of nuisance.

• It is apparent that the fumes emitted A‟s factory amounts to public nuisance which is actionable as a crime and as a tort.

• My advise to A’s neighbours is to instigate the arrest of A for prosecution the state for the public nuisance.

• In addition, if any of A‟s neighbour is suffering particular or specific loss from the nuisance such a person has a personal action against A for the loss for example if one of

• A’s neighbours is a fish trader such a person can sue A for an injunction.



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