7 - Defences for Private nuisance and RvF

Question 1

What are the four defences for Private nuisance?

Answer 1

Ordinary use of the land
Statutory authority
Act of God and nusiances arising naturally
Prescription

Question 2

Ordinary use of the land

Answer 2

Southwark London borough council v Mills 2001 - vacuums, snoring, coughing, singing ect do not qualify as it is an ordinary use of the land.

Question 3

Statutory Authority in PN

Answer 3

Many nuisances are caused by public authorities acting under statutory powers, such as road works ect.
This is a defence as long as the nuisance does exceed what had been authorised (allen v gulf oil refining ltd 1981)

Question 4

Allen v Gulf oil refining Ltd 1981

Answer 4

The oil company conformed with government policy and did not exceed this authority

Question 5

Act of god or nuisance arising naturally in PN

Answer 5

An event that happens independently from human action such as a storm. this is a complete defense.

However if the occupier is aware and fails to remedy it, may still be liable

Question 6

Nicholls v Marsland 1975

Answer 6

Rain caused dams to burst and destroy the C’s bridges, couldnt claim

Question 7

Prescription

Answer 7

If the D can show that they have been commiting the nuisance for 20 years and the claimant was aware and does nothing, it is a defence
rarely actually used

Question 8

Coventry v lawrence 2014

Answer 8

Speed boat and stock car racing had been taking place since the 70s, was prescription

Question 9

Defenses for RvF

Answer 9

Act of a stranger
Act of god
Statutory authority
Consent/benefit

Question 10

Act of a stranger

Answer 10

If the escape was cased by a complete stranger who the D had no control over and whose actions couldn’t have been foreseen, a full defence

Question 11

Ribee v norrie 2000

Answer 11

A fire broke out in the hostel, due to someone smoking.
Damage to neighbours property could be prevented as D had the rights to prevent smoking in his hostel, therefore had control over the strangers actions

Question 12

Act of god in RvF

Answer 12

Same as under private nuisance

Question 13

Statutory authority in RvF

Answer 13

Same as under private nuisance

Question 14

Consent/benefit

Answer 14

If the C receives a benefit from the thing accumulated, then they are deemed to have consented to the risk

Question 15

Peters v Prince of Wales theatre 1943

Answer 15

C’s shop damaged by the sprinker system of the theatre, that also covered and benefited her store. A defense of Consent/ benefit applied