Tort law
Negligence vs nuisance
Negligence protects against careless conduct causing foreseeable harm to a person or property and requires a breach of a duty of care; private nuisance protects the use and enjoyment of land against unreasonable interference and does not require proof of carelessness.
Last reviewed 14 June 2026
| Aspect | Negligence | Private nuisance |
|---|---|---|
| Interest protected | Personal safety and property generally | Use and enjoyment of land |
| Fault | Requires a breach of a duty of care (fault-based) | Focuses on the unreasonableness of the interference, not necessarily carelessness |
| Who can sue | Anyone foreseeably harmed | Generally only those with a proprietary interest in the land (Hunter v Canary Wharf) |
| Typical remedy | Damages | Injunction and/or damages |
Key cases
- Donoghue v Stevenson [1932] AC 562
- Hunter v Canary Wharf Ltd [1997] AC 655
- Cambridge Water Co v Eastern Counties Leather plc [1994] 2 AC 264
Frequently asked questions
What is the difference between negligence and nuisance?
Negligence is about careless conduct causing foreseeable harm and needs a breach of duty; private nuisance is about unreasonable interference with the use and enjoyment of land and does not require carelessness.
Do you need to own land to sue in nuisance?
For private nuisance, generally yes — you need a proprietary interest in the affected land (Hunter v Canary Wharf), unlike in negligence.