10 - Tort - Land public nuisance

Question 2

Who can sue for public nuisance?

Answer 2

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

Question 3

Who can be sued for public nuisance?

Answer 3

• Creator of the nuisance 🥁
• Any person responsible for the nuisance

Question 4

What must be satisfied for a public nuisance claim?
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Answer 4

1. Act or Omission 🤹🫥
2. One of Event or Continuous 🧨⭕️
3. Class: effect must be sufficiently widespread 👩‍🦱👨‍🦲👩‍🦲👩‍🦰👲
4. Materially affects comfort & convenience (annoyance/irritation sufficient as long as it’s material; loss must be reasonably foreseeable)
   😡🛋️🌮🧐

Question 5

What types of damages are recoverable for public nuisance?
👥🥁

Answer 5

• Personal injury 🤕
• Property damage 🏚️
• Consequential econ loss 💰
• Pure econ loss 💸

Question 6

What defences are there for public nuisance?

Answer 6

same for private minus prescription
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🇬🇧
🤝
🤝🕳️
🥸
🧔‍♀️
🚨

Question 7

What remedies are there for public nuisance?

Answer 7

• Damages (only for individual claims) 🪙
• Injunction 🚦