Defences to private nuisance

Question 1

What is the defence of ordinary use of land?

Answer 1

Something cannot be nuisance if it is a ordinary nuisance.

Question 2

What is the defence of statutory authority?

Answer 2

a nuisance caused by public authorities acting under statutory powers will be a defence, provided the nuisance does not exceed that which was authorised.
Allen v Gulf Oil Refining

Question 3

What is the defence of an Act of god and naturally arising nuisances?

Answer 3

Any event that happens independently of any human action. Complete defence. Nicholls v Marsland

Question 4

What happens if an nuisance of an act of god isn’t remedied in time?

Answer 4

May be liable for any damage it may cause Goldman v Hargrave

Question 5

What is the defence of Prescription?

Answer 5

If defendant can show they have been committing the nuisance for 20 years and the claimant was aware and have done nothing then the defendant has a defence. Coventry v Lawrence

Question 6

Allen v Gulf Oil Refining

Answer 6

Claimed oil refinery was a nuisance. Statutory immunity.

Question 7

Nicholls v Marsland

Answer 7

Heavy rain burst dam and broke bridge. Act of god

Question 8

Goldman v Hargrave

Answer 8

Tree hit by lightning and set on fire. D was aware but didn’t extinguish, damaged another property. Act of god didn’t apply

Question 9

Coventry v Lawrence

Answer 9

Racing occurred for over 20 years - prescription applied.