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Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468

The claimant bred silver foxes for their fur. Silver foxes are particularly timid and if disturbed when pregnant they are prone to miscarry. If alarmed when they have young they may devour them. The defendant was the claimant’s neighbour. He objected to the fox farm and fired a gun on his own land close to the breeding pens with the intention to scare the foxes and impede breeding.  The claimant brought an action in nuisance.

Held:

The defendant was liable despite the abnormal sensitivity of the foxes because he was motivated by malice.
Back to lecture outline on nuisance in tort law