Smith and Lane, ‘Re-Evaluating the Demise of the Average, Ordinary, Reasonable Person: Unintended Consequences in the Law of Nuisance’

Abstract
This Article advocates for a wider pleading use of the tort of nuisance – this, because of the unresolved complexities in the doctrine of causation which continue to plague an effective use of negligence. The confusing awkwardness or, perhaps, the actual demise, of the notion of an average, ordinary, reasonable person so essential to improving negligent wrongdoing has caused aggravation over the years and, indeed, given rise to a state of torbidity. The judiciary can more easily resolve this evidentiary quagmire by shifting its judicial attention and analysis to the tort of nuisance …

George P Smith and William P Lane, Re-Evaluating the Demise of the Average, Ordinary, Reasonable Person: Unintended Consequences in the Law of Nuisance, 67 Catholic University Law Review 699 (2018).

First posted 2018-12-21 07:27:07

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