10 - Tort - Land public nuisance Flashcards

1
Q
A
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2
Q

Who can sue for public nuisance?

A
  • An individual (who suffered special damage, over/above rest of class)
  • Local authority
  • Attorney General (where no individual action is possible)
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3
Q

Who can be sued for public nuisance?

A
  • Creator of the nuisance ๐Ÿฅ
  • Any person responsible for the nuisance
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4
Q

What must be satisfied for a public nuisance claim?
๐Ÿ‘ฅ๐Ÿฅ

A
  1. Act or Omission ๐Ÿคน๐Ÿซฅ
  2. One of Event or Continuous ๐Ÿงจโญ•๏ธ
  3. Class: effect must be sufficiently widespread ๐Ÿ‘ฉโ€๐Ÿฆฑ๐Ÿ‘จโ€๐Ÿฆฒ๐Ÿ‘ฉโ€๐Ÿฆฒ๐Ÿ‘ฉโ€๐Ÿฆฐ๐Ÿ‘ฒ
  4. Materially affects comfort & convenience (annoyance/irritation sufficient as long as itโ€™s material; loss must be reasonably foreseeable)
    ๐Ÿ˜ก๐Ÿ›‹๏ธ๐ŸŒฎ๐Ÿง
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5
Q

What types of damages are recoverable for public nuisance?
๐Ÿ‘ฅ๐Ÿฅ

A
  • Personal injury ๐Ÿค•
  • Property damage ๐Ÿš๏ธ
  • Consequential econ loss ๐Ÿ’ฐ
  • Pure econ loss ๐Ÿ’ธ
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6
Q

What defences are there for public nuisance?

A

same for private minus prescription
โŒโŒ›๏ธ
๐Ÿ‡ฌ๐Ÿ‡ง
๐Ÿค
๐Ÿค๐Ÿ•ณ๏ธ
๐Ÿฅธ
๐Ÿง”โ€โ™€๏ธ
๐Ÿšจ

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7
Q

What remedies are there for public nuisance?

A
  • Damages (only for individual claims) ๐Ÿช™
  • Injunction ๐Ÿšฆ
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