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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...

      

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 nearby lake. As neighbours are unhappy and wish
to sue him.

Advise them.

  

Answers


Maurice
This problem is based on the tort of nuisance.
It is apparent that the fumes emitted by 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 by
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.
maurice.mutuku answered the question on May 1, 2018 at 14:19


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