The Study Of Tolerance Obligation Criteria Of Nuisance In Common Law

With the development of trade and industry, from gas, steam, noise and vibration caused by the dispute cannot be the amount of material present rising trend. Common Law provides for nuisance system, but the tolerance of the victim did not clearly define the obligations. Tolerance obligations of the victims living in the heart of nuisance, so if you want to improve the nuisance to be particularly concerned about the special obligations of the victim’s tolerance. Nuisance victims assume certain obligation of its theoretical root cause of tolerance obligation is the right balance between the inevitability of conflict; it is the obligation to establish tolerance and important way to resolve conflicts of interest, it is necessary to establish the criteria of tolerance obligation.Tolerance obligation means a binding, when others’legal behavior or factual behavior caused reasonable little inconvenience, or although these behaviors are unreasonable but legal, the victim should tolerant these behaviors. The theory of tolerance obligation stems from the specific rules of ownership restriction and adjacent relation in Roman law. Although the cases and enacted laws about nuisance in Common Law do not put forward tolerance obligation clearly, the cases and provisions about nuisance disputes implied this old binding or command.As for the criteria of tolerance obligation, non-material injury is an old and enduring theory, which emphasizes that if the nuisance is reasonable, not significant and short-lived, the victim should tolerant it, and the anomaly sensitive people or subject are not concerned. Assumption of risk theory is controversial but it was recognized by Britain and American case law, which emphasizes that the victims know the risks and they are willing to confront and endure it, so the victim cannot win compensation or other relieves. Utility theory appeared with the developing of society and economic, which emphasizes when the behavior’ utility is obviously greater than the damages and it is not against social morality, the court will use penalty instead of ban. Though tolerance obligation can be deduced in our Property Law, it is lack of hierarchy and the rights of relief is ignored and never mention the utility rule. The writer hopes that though the study of the dissertation can do some help to perfect our adjacent relation system and make it systematized.