Synopsis
The tort of public nuisance is infrequently taught and seldom litigated. This is unfortunate since, as Lord Denning pointed out in Morton v Wheeler, the tort ‘covers a multitude of sins’. It can be used to recover damages for personal injuries, to protect private property interests, to enjoin those who invade public rights and to recover pure economic loss, provided that claimants can prove that they suffered ‘special damages’. Although entrenched in the law, the exact content of special damages has been clouded with uncertainty. According to the most traditional formulation, damage qualifies as special if it is substantial, direct, and particular. In light of these uncertainties the seminar will examine the following:
- What are the tort’s elements?
- How does one prove that ‘the public’ was affected?
- What is ‘an act unwarranted by law’?
- What are public rights and how many of them are recognized by law?
- What meanings have the courts given to the concepts of direct, substantial and particular?
- How many private nuisances make a public nuisance?
- Is interference with property access a private or public nuisance?
- When are personal injuries recoverable?
- Is loss of custom recoverable?
- What control devices do the court’s use in relation to pure economic loss?
- What is the tort’s future?
About the Speaker
Jason Neyers is a Professor of Law at Western University Canada. He has published in leading Commonwealth law journals (including the LQR, UTLJ, McGill LJ, Legal Studies, Can Bar Rev, LMCLQ, SJLS, Torts LJ, King’s LJ, OUCLJ, Can Bus LJ, Alberta L Rev, CJLJ and Insurance LJ) and co-edited/authored nine books (see, Understanding Unjust Enrichment (Hart, 2004), The Law of Restitution in Canada: Cases and Materials (Emond Montgomery, 2004), Cases and Materials on Contract, 3d, 4th, and 5th eds. (Emond Montgomery, 2005, 2010, 2015), Emerging Issues in Tort Law (Hart, 2007), Exploring Contract Law (Hart, 2009), The Law of Torts in Canada, 3d ed. (Carswell, 2010) and Tort Law: Challenging Orthodoxy (Hart, 2013)). His academic work has been cited by the Supreme Court of Canada, the Supreme Court of the United Kingdom, the High Court of Australia and several Commonwealth Courts of Appeal. He has also been an invited speaker at numerous international conferences and been a visiting fellow at Melbourne, Sydney and Harvard law schools. Professor Neyers is the moderator of the Obligations Discussion Group (ODG), which is an international mailing list devoted to all aspects of the law of obligations, and a founding member of Western University’s Tort Law Research Group. Prior to taking up his academic appointment he was a clerk at the Court of Appeal for Ontario. In 2015, Professor Neyers was awarded the title of Faculty Scholar by Western University in recognition of his significant scholarly achievements in research.
Fees
a. Seminar fee
Seminar fee of S$150* (inclusive of GST) applies.
b. Group discount fee
Group discount fee of S$135* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$135* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
d. Student rate
Seminar fee of S$38* (inclusive of GST) applies for:
- Full-time undergraduate student (matriculation card must be provided in order to enjoy this entitlement).
- Student undertaking Part B of the Singapore Bar Examinations (for the period from July to Dec 2016. Proof of enrollment with SILE in the form of email confirmation must be provided)
*Please note that there will be no refund should participant cancel the registration/did not attend the seminar. However transferring of registration/substitution can be arranged and notice of transfer/substitution should be sent to Sascha via email: cle@smu.edu.sg, latest by 12 August 2016.
SMU School of Law reserves the right to cancel or postpone any events owing to unforeseen circumstances. Refund of seminar fees will be arranged.
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