Godfray v Bernard Amy Ltd. [1977] JLR 26 (14 April 1977)
The court held that the creator of a public nuisance is subject to claims for contributory negligence if loss is caused by negligent abatement by others.
- Citation
- [1977] JLR 26
- Parties
- Applicant: Godfray; Respondent: Bernard Amy Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 14 April 1977
- Procedural Posture
- Tort / Judgment
- Outcome
- judgment for respondent subject to contributory negligence
- Legal Topics
- Nuisance, Public Nuisance, Abatement, Contributory Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Godfray
Applicant
Bernard Amy Ltd.
Respondent
Procedural Posture
Tort / Judgment
Legal Issues
- 1 Whether a person creating a public nuisance is liable for loss caused by negligent abatement by others
- 2 Whether contributory negligence applies to the creator of the nuisance
Ratio Decidendi
The court held that the creator of a public nuisance is subject to claims for contributory negligence if loss is caused by negligent abatement by others.
Court Disposition
judgment for respondent subject to contributory negligence
Full Case Text
Judgment text and source record
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