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Letter in the Edmonton Journal

My letter to the Edmonton Journal got printed again! This time, it about the definition of "nuisance" in tort law. This woman wrote in claiming that wearing perfume could be considered a nuisance under tort law.

Re: "Wearing scents is not a right," by Maria Buchta, Letters, April 4.

Buchta is incorrect in stating that, "Under the law of torts, when a 'right' annoys and disturbs other people it stops being a right and becomes a nuisance, which is punishable by law."

The traditional definition of nuisance relates to when a defendant unreasonably interferes with plaintiff's use and enjoyment of land. It relates to land, and not personal injuries.

Even if we did accept Buchta's incorrect definition, one would have to consider the sensitivity of the complainant, and the intensity and duration of the interference.

Comments

( 9 comments — Leave a comment )
its_electrical
Apr. 6th, 2007 05:26 pm (UTC)
Congrats!
starbucksweetie
Apr. 6th, 2007 11:46 pm (UTC)
Thanks, but one of my classmates made fun of me via Facebook :(
its_electrical
Apr. 7th, 2007 12:25 am (UTC)
What did they say?
starbucksweetie
Apr. 7th, 2007 12:37 am (UTC)
He changed his status that he doesn't understand why his classmate(s) feel compelled to write letters to the Edmonton Journal about issues that don't matter.
its_electrical
Apr. 7th, 2007 01:09 am (UTC)
Change yours to "Shermie is published and that makes her happy because she has a better chance of getting a job!"
starbucksweetie
Apr. 7th, 2007 01:10 am (UTC)
Good one! I just changed mine that I was still excited about my letter regardless of his opinion.
its_electrical
Apr. 7th, 2007 01:13 am (UTC)
Haha now he's going to get all embarrased and change it I bet :)
darling_etoile
Apr. 7th, 2007 04:14 am (UTC)
Your classmates are just jealous! Congrats on the article - its very well written.
starbucksweetie
Apr. 7th, 2007 05:30 am (UTC)
Haha, the classmate that made fun of me just jokes around a lot. Thanks for the compliment.
( 9 comments — Leave a comment )

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