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Что (кто) такое quiet enjoyment - определение

ACT (OR NEGLECT) WHICH CAUSES INCONVENIENCE OR DAMAGE

Private nuisance; Quiet enjoyment; Right to quiet enjoyment; Tort of nuisance; Right of quiet enjoyment; Nuisence; Nuscince; Nuisance law; Inspector of Nuisances

quiet enjoyment

n. the right to enjoy and use premises (particularly a residence) in peace and without interference. Quiet enjoyment is often a condition included in a lease. Thus, if the landlord interferes with quiet enjoyment, he/she may be sued for breach of contract. Disturbance of quiet enjoyment by another can be a "nuisance" for which a lawsuit may be brought to halt the interference or obtain damages for it. See also: nuisance

private nuisance

¦ noun Law an unlawful interference with the use and enjoyment of land.

nuisance

n. the unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public. Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and a host of bothersome activities. Where illegal they can be abated (changed, repaired or improved) by criminal or quasi-criminal charges. If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to desist (stop) or limit the activity (such as closing down an activity in the evening). See also: public nuisance

Википедия

Nuisance

Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,

"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".

Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed.

https://en.wikipedia.org/wiki/Nuisance

Примеры употребления для quiet enjoyment

1. Civil trespass arguably comes, for example, when a river rafter breaks landowners‘ "quiet enjoyment" of their property, Mr.

2. "If it‘s a good contract, under its terms the landlord is obliged to ensure your ‘quiet enjoyment‘ of the property," Gilmartin said.

3. Mr Miliband, a former adviser to Chancellor Gordon Brown, has written to Camden council claiming that his ‘quiet enjoyment‘ of the Primrose Hill home he bought in October is under threat.

4. The Cabinet minister wrote to the authority last month objecting to the loss of "shrubbery and foliage". He was "deeply concerned about the effect on wildlife, one the quiet enjoyment of the area and on the ecology", he said.

5. The landowners would have to pursue the untested matter in court, and Horner says a jury would then have to weigh the loss of access to a river against the loss of "quiet enjoyment." David Moss, a member of the Seedhouse Road Coalition, a landowner group along the Elk, says he doesn‘t have a problem with lone kayakers.