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The basic principle of nuisance to is a person committing a nuisance by using his property to cause damage to the property of another. This is known to be a big problem on beachfront properties for sale in Jamaica where some owners liked to parade on the beach nude.

Liability of occupier and owner for private nuisances:

The primary liability for a nuisance rests upon the occupier of the premises upon which the nuisance arose and there is no liability cast upon the owner of the premises merely by reason of his ownership. But if the owner has created the nuisance then he, and not the occupier, will be liable for it. Thus if the owner of Jamaica home premises creates a nuisance upon those premises and then lets them with the nuisance still in existence he is liable because he has created the nuisance. But in such a case the occupier will also be liable if, with notice of the nuisance, he has allowed it to continue.

Mode of Acceptance

The offeror may state that he wishes the acceptance to be communicated in a certain way, such as "by return of post" or in a certain place, or in a certain form, for example in writing. It is uncertain whether precise observance of these conditions is necessary in order to make the acceptance binding. The rules are as follows:

(i) The offeror may not impose silence as the prescribed method of acceptance.

(ii) If the offeror asks for acceptance in a prescribed way, the law takes the view that he must have some special object in view. If he asks for reply by "return of post" his object is usually to secure a speedy acceptance. Thus it seems that an acceptance which accomplishes that object just as well as, or better than, the stipulated method, will bind the offeror. If, therefore, the offeree returns his acceptance by telegram the offeror will be bound even though he requested acceptance by post.

(iii) If the offeror states that a reply must be sent by a certain prescribed way and that method only the acceptance will only be binding if the offeree complies with the condition. Very clear words are necessary before the courts will construe a mode of acceptance mandatory.

Note the following rules:

1. Communication of acceptance – Generally, an offer is not accepted until it is brought to the notice of the offeror, but there are exceptions to this rule:

(i) Acceptance by letter or telegram is usually complete as soon as the letter is posted or the telegram handed in (the "posting' rule) even though it never reaches its destination.

(ii) In the case of instantaneous communications, for example, telex and telephone, the contract is only complete when the acceptance is actually received by the offeror or his agent. Thus if through a fault in the line the offeree goes on speaking but the offeror cannot hear him, no contract will result.

Another point is to ascertain a fixed fee with your conveyancing solicitors before you begin any of the legal aspects of the conveyancing process; this will prevent them from racking up any additional charges that you would not be aware of otherwise.

Proof of Negligence

The burden of proving negligence is on the person who alleges it, for example, the plaintiff, and he must prove not only that the defendant was negligent but that it was the cause of the damage he suffered.

Contributory Negligence

This is a failure to take reasonable care for one's safety and a person is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonably prudent man, he might hurt himself.

Negligence is not such as fine line as nuisance in Jamaica real estate. Assume an example that a man who purchases Jamaica beach land for sale and discovers that as a result of a neighbor his landscape has suffered damage. This is negligence on the part of the neighbor
 

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