civil law pt 2

Question 1

nuisance

Answer 1

The violation of a person’s right to reasonable convenience and comfort in life, the tort considers competing land uses. There are two types of nuisance: private and public

Question 2

private nuisance

Answer 2

Private nuisance: an act or omission substantially and unreasonably interferes with a person’s use and enjoyment of their own land. eg) an excessively purposely noisy neighbour

Question 3

Public nuisance

Answer 3

Public nuisance: to a considerable degree, an act or omission interferes with the comfort of convenience of a number of people. (criminal offence under common law) (both criminal and civil).
To have an action for ‘public nuisance, any affected person must show they have suffered ‘special damage’ that extends beyond what may be experienced by other members of the public.

eg) the obstruction of a road which is your only access to going to work everyday, rather than someone who is only on that road once a week and has access to other routes.

Question 4

The tort of nuisance is designed to protect the right to:

Answer 4

Enjoy ones own land
Freedom of movement
Seek an appropriate remedy from the courts where nuisance has occurred (useful remedy includes an injunction)

Question 5

Elements

Answer 5

Plaintiff had property right in or over the land
Interference with the plaintiffs use and enjoyment of the land
Plaintiff suffered damage

Question 6

Element 1: property right

Answer 6

The plaintiff has a recognised legal interest, eg) cannot be a hotel room, or a house you’re staying in. must prove the interest in the land, usually as the owner or a tenant (renting).

Question 7

Element 2: interference with the plaintiffs use and enjoyment of the land

Answer 7

Must be substantial and unreasonable. Interference may include noises, dust, vibration, water run-off, objects, etc. in assessing ‘reasonableness’ things like time of day; ordinary use of land (location); malice, (is the P being overly sensitive?)

Question 8

Element 3: P suffered damage

Answer 8

P must establish that damage which had a negative impact on one’s life has been suffered
Can be ‘material’ or ‘non-material’, non-material means non physical like the interference with P’s sensitivities.

Question 9

Trespass divides into 3 areas.

Answer 9

Trespass to person
Trespass to goods
Trespass to land

Question 10

Trespass to the person

Answer 10

assault, battery, and false imprisonment

Question 11

assault

Answer 11

Assault: defendant threatens the plaintiff with the reasonable fear of violence against them. Elements. Direct threat, reasonable fear, and knowledge of the threat.

Question 12

Battery

Answer 12

Battery: direct act which has the effect of causing contact with another without consent eg) rape. Elements - direct contact, intention to put direct contact, and voluntary act

Question 13

False imprisonment

Answer 13

False imprisonment: involved the wrongful total restraint of another’s liberty.
Elements - total restraint, imprisonment done by d, and intentional. eg) abduction

Question 14

Trespass to goods (or chattel)

Answer 14

Direct interference with another person’s possession (doesn’t mean ownership) of goods. eg) watch, pet, share in company, and fuel. Defences: lack of elements

Question 15

trespass to land

Answer 15

Trespass to land
Direct interference without lawful justification with another possession (does not have to be owner) of land, includes houses, shops, gardens and paths.
‘Land’ includes everything under the land and over it:
Ground; soil; rocks; streams; earth.
Mines sunk under the land
Thinks growing on the land
Airspace above ground
Buildings and structures affixed to the land

However law gives some people permission to enter property: fire fighters, postal workers.