Legal Topics
1. Nuisance p3
1.1 Introductory text (inhoudelijk kennen)
Nuisance is a type of "tort" (civil wrong) defined as something that causes offense,
annoyance, trouble, or injury. It is generally divided into two categories:
● Private Nuisance: This occurs when someone interferes with a specific person's
"right of quiet enjoyment" of their land. This can be caused by smells, sounds, or
pollution crossing property boundaries. Only those with an interest in the land (like
owners or tenants) can make a claim. The person suing is the claimant, and the one
causing the problem is the defendant.
● Public Nuisance: This is an unreasonable interference with the rights of the general
public, affecting health, safety, or convenience (for example, blocking a public road).
Key Principles
● Threshold: The interference must be more than just "aesthetic." A neighbor painting
their house an ugly color is not a nuisance, whereas persistent noise or hazards
usually are.
● Normal Use: Activities considered a normal part of life (like a crying baby) do not
constitute a nuisance.
Remedies
There are two main legal solutions:
1. Damages: Financial compensation for the harm caused.
2. Injunction: A court order that stops the defendant from continuing the nuisance.
Breaking an injunction can lead to punishment for contempt of court.
1.2 Assignment
1.2.1 Vocabulary
i.e. it is Convenience gemak
Tort onregelmatige daad Statute wet
Nuisance overlast Marely alleen maar
Interference verstoring/belemmering Aesthetic esthetisch
Disrupted verstoord Restrained in gedekt worden door
Degree in de mate/graad Remedy rechtsmiddel
Hazard gevaar Damages aangerichte schade
Make a claim in uses schadevergoeding Injunction gerechtelijk bevel =
eisen wegens overlast court order
Claimant eiser Punishment for straf wegens
contempt minachting voor de
rechtbank
Defendant verweerder/beklaagde
1.2.2 Answer the following questions
1) 1. What area of common law is nuisance part of?
Tort
2) What are the 2 types of nuisance? Explain the difference briefly.
Public nuisance = unreasonable interference with the public’s right to property
including conduct that harms public health, safety, peace or convenience. e.g.
obstruction of a public road
Private nuisance= the right of quiet enjoyment of specific people who possess or
lease property is disrupted. 2
3) Who has the right to enjoy quiet possession of their land(s)?
All residents
4) Is trespassing a form of nuisance
, No, not if he the trespasser doesn’t create smells, sounds, pollution or other troubles
extending beyond the borders of the property
5) Give an example of analysing behavior that doesn’t constitute nuisance
A neighbour painting their house purple, the sound of a crying baby.
6) What are the 2 main remedies in nuisance cases?
Claiming damages or an injunction (i.e. curt order to prevent the defendant from
repeating the activity that caused the nuisance)
7) What final step can be taken with the second remedy? When?
Punishment for contempt: if the defendant doesn’t live up to the conditions of the
injunctions.
1.1 Private nuisance p3
give a synonym for “going to court” = litigation
give a synonym for “to deem” = consider
Decisive factors:
- Unreasonable use of land (not as in criminal law)
- Leading to an indirect interference (as opposed to direct interference e.g. trespassing)
- With the claimant’s use or enjoyment of land
4 factors of reasonableness (je krijgt een voorbeeld en jij geeft de juiste factor / geef de 4 factoren)
1. The nature of the locality e.g. setting up a transport firm in a residential area can be considered a nuisance
2. The duration of the harm i.e. the longer it lasts, the likelier it will be considered unreasonable NB coming
to the
3. The sensitivity of the claimant
4. The motive or malice of the defendant
There is the idea of social/public benefit. A nuisance can be a social/public benefit e.g. a
cricket club in a residential area provides sport for the community. Will this be a defence for
the defendant?
No, the court can decide to deem i.e. consider it a nuisance but to not do anything about the
nuisance.
Make up your mind about whether the next cases are nuisance or not:
A. Your neighbour builds an extension next to their house which casts a shadow over
your garden and largely blocks the sun.
You can’t make a claim in nuisance.
B. A sex shop opens in your local residential area and you are not happy about this.
Yes. It's a possible nuisance. (hangt van de locatie af)
C. Your neighbour has a satellite dish which interferes with the reception on your TV.
No, you will have to find another solution.
D. You play the violin regularly at your home. Your neighbour hates this and bangs on
the wall and shouts for you to “shut up”.
Probably no nuisance (als je niet in de nacht of vroeg in de ochtend speelt)
,2. Contract p5
2.1 contract law
Legal note: the legal terms contract and agreement are interchangeable.
2.1.1 reading comprehension 1
2.1.1.1 understanding the main points
Although oral agreements can exist in English law, how does the case of Handley v Kemp
show they are not always ideal?
The existence of an oral contract / agreement can be difficult to prove.
2.1.1.2 understanding details
1. What do most people talk about when asked what a contract is?
Simply a piece of paper, something in writing.
2. Give examples of when we can make contracts which are not in writing, perhaps not
even put into spoken words.
Buy goods at the supermarket, buy a drink from a vending machine, getting on a bus.
3. Royalties are payments made for the sale of songs and other copyright material.
What did the other members of Spandau Ballet want from songwriter and group
member Gary Kemp?
A share of the royalties received for the group’s music.
4. Was their legal action successful? Why (not)?
No, their action failed because they could not prove the oral agreement.
2.1.2 Vocabulary 1
Legal terminology.
1. … an agreement must do particular things specified by the law…
… an agreement must satisfy certain requirements…
2. … an agreement does not have to be written in any special way…
… an agreement does not have to take a specific written form…
3. … in order to be treated as a contract that all parties are committed to.
… in order to be deemed a binding contract…
4. … there are advantages of making a written contract.
… there are advantages of putting a contract in writing.
5. … no things that the law says are necessary to do so.
… no legal requirements to do so.
6. A civil action was started against him…
He was sued…
7. … a contract which is not in writing…
… there had been an oral agreement to…
8. … so their court case was not successful.
… so their action failed.
9. … missing formal written details…
…usually lack of written formalities will not…
10. …will not prevent a court from deciding there is a contract.
…will not prevent a court from finding a contract.
2.1.3 Reading comprehension 2
2.1.3.1 understanding the main points
Directive = an official instruction from the EU which is binding once it has been transported
into national law.
Why exactly did the EU introduce legislation that governs the making of contracts over the
internet?
Because it is keep to promote the development of a European Internet industry.
, 2.1.3.2 understanding the main points klopt dit of niet?, meerkeuze vragen maar niet zelf uittypen
1. What sort of commercial contract are being made over the Internet?
Contract to order goods and services from suppliers.
2. What should service providers do in general to make sure buyers can give their ‘full
and Informed consent’ before they enter into a contract?
Explain clearly the steps to be followed to complete the contracts online.
3. What are the three specific requirements mentioned under the Electronic Commerce
Regulations?
- Provide receipts without delay.
- Allow costumers to change an order easily.
- Provide details such as business email addresses.
4. What is the effect of Article 9 of the European Electronic Commerce Directive?
Members states must ensure that their laws permit contracts to be made
electronically.
2.1.4 Vocabulary
2.1.4.1 understanding the main points
1. What does a stat or government do when it wants to bring a new law?
It passes a law.
2. How do lawyers sometimes refer to the final acceptance and signing of a contract?
The conclusion of a contract.
When a new law first begins to operate, it is brought into force.
If a business does not obey new regulations, it does not comply with them.
2.1.4.2 Word families
verb noun
To require Requirement
To claim Claim/claiment
To prove Proof
To agree Agreement
To conclude Conclusion
To comply with Compliance
2.1.4.3 Sentence completion
1. The new consumer safety laws will impose tough new requirements on
manufacturers.
2. If we do not comply with the new regulations, we could be fined heavily.
3. Prior to the conclusion of a contract over the internet, the supplier must ensure that
the buyer had given ‘full and informed consent’.
4. These are our terms of business, which you accepted. We both signed. So it’s a
legally binding agreement!
5. The company refuses to pay any compensation, so the suppliers are going to make a
claim for damages.
6. Without a receipt, it’s very difficult to prove where you bought that camera and how
much you paid.
2.1.4.4 Legal terminology
1. The directive specifies some formalities…
The directive lays down some formalities…
2. Service providers are required by Article 10 to…
Article 10 imposes a general requirement on service providers to…
1. Nuisance p3
1.1 Introductory text (inhoudelijk kennen)
Nuisance is a type of "tort" (civil wrong) defined as something that causes offense,
annoyance, trouble, or injury. It is generally divided into two categories:
● Private Nuisance: This occurs when someone interferes with a specific person's
"right of quiet enjoyment" of their land. This can be caused by smells, sounds, or
pollution crossing property boundaries. Only those with an interest in the land (like
owners or tenants) can make a claim. The person suing is the claimant, and the one
causing the problem is the defendant.
● Public Nuisance: This is an unreasonable interference with the rights of the general
public, affecting health, safety, or convenience (for example, blocking a public road).
Key Principles
● Threshold: The interference must be more than just "aesthetic." A neighbor painting
their house an ugly color is not a nuisance, whereas persistent noise or hazards
usually are.
● Normal Use: Activities considered a normal part of life (like a crying baby) do not
constitute a nuisance.
Remedies
There are two main legal solutions:
1. Damages: Financial compensation for the harm caused.
2. Injunction: A court order that stops the defendant from continuing the nuisance.
Breaking an injunction can lead to punishment for contempt of court.
1.2 Assignment
1.2.1 Vocabulary
i.e. it is Convenience gemak
Tort onregelmatige daad Statute wet
Nuisance overlast Marely alleen maar
Interference verstoring/belemmering Aesthetic esthetisch
Disrupted verstoord Restrained in gedekt worden door
Degree in de mate/graad Remedy rechtsmiddel
Hazard gevaar Damages aangerichte schade
Make a claim in uses schadevergoeding Injunction gerechtelijk bevel =
eisen wegens overlast court order
Claimant eiser Punishment for straf wegens
contempt minachting voor de
rechtbank
Defendant verweerder/beklaagde
1.2.2 Answer the following questions
1) 1. What area of common law is nuisance part of?
Tort
2) What are the 2 types of nuisance? Explain the difference briefly.
Public nuisance = unreasonable interference with the public’s right to property
including conduct that harms public health, safety, peace or convenience. e.g.
obstruction of a public road
Private nuisance= the right of quiet enjoyment of specific people who possess or
lease property is disrupted. 2
3) Who has the right to enjoy quiet possession of their land(s)?
All residents
4) Is trespassing a form of nuisance
, No, not if he the trespasser doesn’t create smells, sounds, pollution or other troubles
extending beyond the borders of the property
5) Give an example of analysing behavior that doesn’t constitute nuisance
A neighbour painting their house purple, the sound of a crying baby.
6) What are the 2 main remedies in nuisance cases?
Claiming damages or an injunction (i.e. curt order to prevent the defendant from
repeating the activity that caused the nuisance)
7) What final step can be taken with the second remedy? When?
Punishment for contempt: if the defendant doesn’t live up to the conditions of the
injunctions.
1.1 Private nuisance p3
give a synonym for “going to court” = litigation
give a synonym for “to deem” = consider
Decisive factors:
- Unreasonable use of land (not as in criminal law)
- Leading to an indirect interference (as opposed to direct interference e.g. trespassing)
- With the claimant’s use or enjoyment of land
4 factors of reasonableness (je krijgt een voorbeeld en jij geeft de juiste factor / geef de 4 factoren)
1. The nature of the locality e.g. setting up a transport firm in a residential area can be considered a nuisance
2. The duration of the harm i.e. the longer it lasts, the likelier it will be considered unreasonable NB coming
to the
3. The sensitivity of the claimant
4. The motive or malice of the defendant
There is the idea of social/public benefit. A nuisance can be a social/public benefit e.g. a
cricket club in a residential area provides sport for the community. Will this be a defence for
the defendant?
No, the court can decide to deem i.e. consider it a nuisance but to not do anything about the
nuisance.
Make up your mind about whether the next cases are nuisance or not:
A. Your neighbour builds an extension next to their house which casts a shadow over
your garden and largely blocks the sun.
You can’t make a claim in nuisance.
B. A sex shop opens in your local residential area and you are not happy about this.
Yes. It's a possible nuisance. (hangt van de locatie af)
C. Your neighbour has a satellite dish which interferes with the reception on your TV.
No, you will have to find another solution.
D. You play the violin regularly at your home. Your neighbour hates this and bangs on
the wall and shouts for you to “shut up”.
Probably no nuisance (als je niet in de nacht of vroeg in de ochtend speelt)
,2. Contract p5
2.1 contract law
Legal note: the legal terms contract and agreement are interchangeable.
2.1.1 reading comprehension 1
2.1.1.1 understanding the main points
Although oral agreements can exist in English law, how does the case of Handley v Kemp
show they are not always ideal?
The existence of an oral contract / agreement can be difficult to prove.
2.1.1.2 understanding details
1. What do most people talk about when asked what a contract is?
Simply a piece of paper, something in writing.
2. Give examples of when we can make contracts which are not in writing, perhaps not
even put into spoken words.
Buy goods at the supermarket, buy a drink from a vending machine, getting on a bus.
3. Royalties are payments made for the sale of songs and other copyright material.
What did the other members of Spandau Ballet want from songwriter and group
member Gary Kemp?
A share of the royalties received for the group’s music.
4. Was their legal action successful? Why (not)?
No, their action failed because they could not prove the oral agreement.
2.1.2 Vocabulary 1
Legal terminology.
1. … an agreement must do particular things specified by the law…
… an agreement must satisfy certain requirements…
2. … an agreement does not have to be written in any special way…
… an agreement does not have to take a specific written form…
3. … in order to be treated as a contract that all parties are committed to.
… in order to be deemed a binding contract…
4. … there are advantages of making a written contract.
… there are advantages of putting a contract in writing.
5. … no things that the law says are necessary to do so.
… no legal requirements to do so.
6. A civil action was started against him…
He was sued…
7. … a contract which is not in writing…
… there had been an oral agreement to…
8. … so their court case was not successful.
… so their action failed.
9. … missing formal written details…
…usually lack of written formalities will not…
10. …will not prevent a court from deciding there is a contract.
…will not prevent a court from finding a contract.
2.1.3 Reading comprehension 2
2.1.3.1 understanding the main points
Directive = an official instruction from the EU which is binding once it has been transported
into national law.
Why exactly did the EU introduce legislation that governs the making of contracts over the
internet?
Because it is keep to promote the development of a European Internet industry.
, 2.1.3.2 understanding the main points klopt dit of niet?, meerkeuze vragen maar niet zelf uittypen
1. What sort of commercial contract are being made over the Internet?
Contract to order goods and services from suppliers.
2. What should service providers do in general to make sure buyers can give their ‘full
and Informed consent’ before they enter into a contract?
Explain clearly the steps to be followed to complete the contracts online.
3. What are the three specific requirements mentioned under the Electronic Commerce
Regulations?
- Provide receipts without delay.
- Allow costumers to change an order easily.
- Provide details such as business email addresses.
4. What is the effect of Article 9 of the European Electronic Commerce Directive?
Members states must ensure that their laws permit contracts to be made
electronically.
2.1.4 Vocabulary
2.1.4.1 understanding the main points
1. What does a stat or government do when it wants to bring a new law?
It passes a law.
2. How do lawyers sometimes refer to the final acceptance and signing of a contract?
The conclusion of a contract.
When a new law first begins to operate, it is brought into force.
If a business does not obey new regulations, it does not comply with them.
2.1.4.2 Word families
verb noun
To require Requirement
To claim Claim/claiment
To prove Proof
To agree Agreement
To conclude Conclusion
To comply with Compliance
2.1.4.3 Sentence completion
1. The new consumer safety laws will impose tough new requirements on
manufacturers.
2. If we do not comply with the new regulations, we could be fined heavily.
3. Prior to the conclusion of a contract over the internet, the supplier must ensure that
the buyer had given ‘full and informed consent’.
4. These are our terms of business, which you accepted. We both signed. So it’s a
legally binding agreement!
5. The company refuses to pay any compensation, so the suppliers are going to make a
claim for damages.
6. Without a receipt, it’s very difficult to prove where you bought that camera and how
much you paid.
2.1.4.4 Legal terminology
1. The directive specifies some formalities…
The directive lays down some formalities…
2. Service providers are required by Article 10 to…
Article 10 imposes a general requirement on service providers to…
