Fergo
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I'm struggling with a formative essay that I have to do this week.

The question is 'The current contours of liability under nuisance are problematic based on notions of both corrective and distributive justice. Discuss".

I have no idea what I should be covering with this. Should I just go with the approach of comparing nuisance cases and the decisions within them and if they show that proving liability is problematic?
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cliffg
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(Original post by Fergo)
I'm struggling with a formative essay that I have to do this week.

The question is 'The current contours of liability under nuisance are problematic based on notions of both corrective and distributive justice. Discuss".

I have no idea what I should be covering with this. Should I just go with the approach of comparing nuisance cases and the decisions within them and if they show that proving liability is problematic?
See this useful blog on UKSC judgment last week:

http://ukhumanrightsblog.com/2014/03...ry/#more-22830

David Hart QC suggests that this case brings the law of nuisance into the 21st century. Useful discussion in the judgment about granting of an injunction (corrective justice) or an award of damages to distribute the burden and benefits caused by the nuisance.

Only a guess but likely that whoever set this question knew this judgment was due last week.
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