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a) What is the difference between public nuisance and private nuisance? Explain and refer to AT LEAST TWO (2) relevant case(s). (10 marks) b) Adli
a) What is the difference between public nuisance and private nuisance? Explain and refer to AT LEAST TWO (2) relevant case(s). (10 marks) b) Adli and Johari are owners of neighbouring properties. Adli runs a petrol station and a caf on his property. Johari uses his property for organic farming. Kamal complains of the horrible stench (smell) of cow dung that Johari uses as organic fertilizer. When the weather was humid, the stench is so horrible that Adli caf's business suffers badly. Johari, on the other hand, complains that Adli's staff poured used cooking oil, soapy water and other cleaning agents onto Johari's land, thus causing damage to the soil and killing some crops. Answer the following questions: i) Can Adli bring an action against Johari? (7.5 marks) ii) Can Johari have a claim against Adli? You may refer to the rule laid down under Rylands v Fletcher . (7.5 marks) c) An intervening act breaks the causal link between the defendant's breach and the plaintiff's injury. What does this phrase mean? You may refer to the relevant provision and case law
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