Coming to the Nuisance: Defence of the Polluter or Protection of the Viable Status Quo?

Abstrakt

"Coming to the nuisance" is a common law concept related to a defence to the nuisance action in situation, when the plaintiff comes to (moves in) the area already affected with pollution. The article compares this concept with contemporary Czech case law regarding imissions and shows, that despite different legal systems there are significant similarities in judicial approach to these situations.

Klíčová slova

• Common law
• case law
• nuisance
• imissions