I wonder which kind(s) of tort (here I only concern private nuisance, public nuisance and negligence) can be related to the following situations. Suppose the context is that there is a theme park which causes noise:
1) Sally lives nearby and complains that the noise makes her unable to sleep during the day. << Surely private nuisance is not applicable here because of abnormal sensitivity. But how about public nuisance (if Sally does not have an exclusive property right in where she resides) and negligence? Do the latter two work in this case which concerns only about noise that affects sleeping during the day?
2) Jack suffered serious headaches caused by the noise.<< is medical condition (I don't think it is an injury anyway) related to private nuisance? If not, is it a thing in public nuisance or negligence (the latter two usually involve personal INJURIES).
3) Rebecca complains that the noise made her unable to study in a house owned by her friend (so Rebecca does not have exclusive proprietary right here and hence private nuisance is not applicable). But can she sue the theme park in public nuisance and negligence?
4) A general question: we all know 1 kind of private nuisance is related to interference to one's comfort using his/her land. But how about public nuisance and negligence? Are they related to this kind of intangible harm thing i.e. noise, sickness, discomfort, etc.? It is because in my knowledge, the latter two seem to be related to more direct/ severe damage e.g. property, injury, economic loss, etc.
Thank you very much.
1) Sally lives nearby and complains that the noise makes her unable to sleep during the day. << Surely private nuisance is not applicable here because of abnormal sensitivity. But how about public nuisance (if Sally does not have an exclusive property right in where she resides) and negligence? Do the latter two work in this case which concerns only about noise that affects sleeping during the day?
2) Jack suffered serious headaches caused by the noise.<< is medical condition (I don't think it is an injury anyway) related to private nuisance? If not, is it a thing in public nuisance or negligence (the latter two usually involve personal INJURIES).
3) Rebecca complains that the noise made her unable to study in a house owned by her friend (so Rebecca does not have exclusive proprietary right here and hence private nuisance is not applicable). But can she sue the theme park in public nuisance and negligence?
4) A general question: we all know 1 kind of private nuisance is related to interference to one's comfort using his/her land. But how about public nuisance and negligence? Are they related to this kind of intangible harm thing i.e. noise, sickness, discomfort, etc.? It is because in my knowledge, the latter two seem to be related to more direct/ severe damage e.g. property, injury, economic loss, etc.
Thank you very much.