Defences to private nusiance

Question 1

What are the defences to private nusiance?

Answer 1

-Prescription
-Statutory authority
-Public utility

Question 2

What defence does not work for nuisance?

Answer 2

• Consent- moving close- DOES NOT SUCCEED.

Question 3

What is meant by prescription?

Answer 3

-If the nuisance has continued for 20 years without complaint then a claim will not succeed.

Question 4

Stuges V Bridgman

Answer 4

Noisy machinery for 20 years (failed because it only became a nuisance when dr’s surgery was expanded).

Question 5

What is meant by statutory authority?

Answer 5

Most nusiance activities permitted by acts of parliament.

Question 6

Cases for statutory authority?

Answer 6

Allen V Gulf Oil

Question 7

Cases for prescription?

Answer 7

Sturges V Bridgeman

Question 8

Allen V Gulf Oil Refining LTD.

Answer 8

Parliament authorised building of oil refinery- expecting it to be used.

Question 9

What is meant by public utility?

Answer 9

Is it useful to the public?

Question 10

Cases for public utility?

Answer 10

Miller V Jackson
Hammersmith Railway V Brand

Question 11

Miller V Jackson

Answer 11

Cricket ball house case.

Question 12

Hammersmith Railway V Brand

Answer 12

Vibrations from railway inevitable- absurd to prevent train.

Question 13

Cases for the failed defence of consent/ coming to the nuisance?

Answer 13

Sturges V Bridgeman
Miller V Jackson