Chapter 43- Private nuisance

Question 1

Define private nuisance

Answer 1

The unreasonable indirect interference with the claimants land or with their enjoyment of their land

Question 2

To prove private nuisance, what are the 3 elements:

Answer 2

• The indirect interference
• The interference must be unreasonable
• The interference must have caused damage

Question 3

Describe indirect interference

Answer 3

• The claimant must prove that the defendant has caused an intereference with the claimants use of their land.
• It MUST be indirect and the result of the continuning state of affairs, rather than a one-off
• It may involve physical invasion, such as water flooding onto land or it can be something intangible such as noise

Question 4

Describe how interference can be Unreasonable

Answer 4

• This is when it goes beyond the normal bounds of acceptable behaviour
  SENSITIVITY: A defendant cannot be liable for damage which occurs solely because the claimant is abnormally sensitive
  LOCALITY: Where the interference takes place will have an important bearing on whether it is reasonable
  DURATION: The longer the interference, the more likely it is to be considered a nuisance
  MALICE: Behaviour that is motivated by malice can amount to a nuisance

Question 5

Describe how the Interference cases damage