Specific Torts - Nuisance
A Coggle Diagram about Nuisance Test in both jurisdictions
Courts consider:, Escape of Dangerous Things: Raylands v Fletcher (1866), Who is liable?, Standard of Care, Remedies, "…where the defendant culpably creates or permits a state of affairs which (a) causes or permits physical damage to the claimant’s property or (b) appreciably interferes with the claimant’s enjoyment of his property.”
Hodgson and Lewthwaite, Tort Law Textbook, (2004), England & Wales Nuisance categorised as:
(1) nuisance by encroachment on a neighbour’s land;
(2) nuisance by direct physical injury to a neighbours land; and
(3) nuisance by interference with a neighbour’s quiet enjoyment of his land.
Lord Lloyd, Hunter v Canary Wharf  and Scotland
"The balance in all such cases has to be held between the freedom of the proprietor to use his property as he pleases and the duty of a proprietor not to inflict material loss or inconvenience on adjoining proprietors and adjoining property; and in every case the answer depends on considerations of fact and degree...
The critical question is whether what he was exposed to was plus quam tolerable (more than he could reasonably tolerate) when due weight has been given to all the surrounding circumstances of the offensive conduct and its effects.”
Lord President Cooper, Watt v Jamieson