defences to private nuisnace Flashcards
1
Q
what are the defences avaliable for nuisance
A
consent
contributory negligence
prescription
statutory authority
2
Q
what is perscription
A
if the action complained about has been carried out for at least 20 years witout previous complaint then d may be said to have a ‘prescriptive right’ to continue that activity
3
Q
when does the 20 years for prescription start + case
A
20 since being a nuisance
sturges v bridgman
4
Q
what is statutory authority
A
if the defendant has statutory permission
5
Q
what is the most effective defence
A
statutory authority
6
Q
when may planning permission serve as a defence
A
when the character of the neibourhood is being changed
7
Q
give 2 cases for statutory authority
A
allen v gulf oil refining
watson v croft promo sport
8
Q
if moving to a nuisance a defence
A
no
