Kennaway and Thompson Essay Example | Topics and Well Written Essays - 9000 words

Kennaway and Thompson - Essay ExampleTraditional theories of private property self-will involve the recognition of absolute stubbornness to the exclusion of all others. However, other theories of private property ownership recognize that there are limits to the exclusivity of private property ownership. Both the exclusivity and limits to that exclusivity are captured by communications protocol 1 and Article 8 of the European Convention on Human Rights 1950 which is now a part of righteousness in England and Wales pursuant to the Human Rights second 1998. The limits to exclusivity in private property ownership are necessitated by a number of competing rights the public interest in encouraging productive activities, the rights of others and the right to the fair use and enjoyment of ones property. Thus from an economic perspective private property ownership necessarily involves trade-offs and a balancing of rights. The tort of plague is demonstrative of the economic approach to ba lancing the competing interest in private property ownership. Much of the law relative to the limits of exclusivity in private property ownership under the tort of nuisance was realised under the common law and typically refers to a number of activities. The rule in Rylands v Fletcher in was established to deal with a single act of nuisance giving rise to interference in the use and enjoyment of ones land. The rule of law in Rylands establishes liability where activities conducted by one owner/occupier causes damages to the use or enjoyment of property owned or occupied by another. 7 The rule in Rylands and the rule applicable to nuisance generally have since been expanded to limit liability to the extent