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The Element of Fault in Private Nuisance
James, Fleming
James, Fleming
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Abstract
Liability for nuisance is often imposed on the ground of defendant's negligence or more grievous fault in causing it. The Restatement would impose strict liability only where the nuisance stems from abnormally dangerous activity on defendant's part. But these concepts by no means cover the whole field. There are many instances of nuisance where liability is imposed though defendant has not been negligent (still less wanton) and where his activity is not abnormally dangerous.