Intro Flashcards
1
Q
Private nuisance is
A
An unlawful interference with a person’s use or enjoyment of land.
Interference with the enjoyment on land will classed as unreasonable.
2
Q
For a sucessful claim
A
The interference can be indirect ( Halsey V Essco) but it can be direct.
3
Q
There is no claim for personal injury
A
Malone V Laskey
4
Q
Claimant must have
A
Interest on land and family members can’t claim if they don’t have interest (Hunter V Canary Wharf)
5
Q
Defendant is one
A
Causing or allowing the nuisance.
6
Q
The courts need to consider if it is reasonable
A
Hunter V Canary Wharf - Loss of Tv signal due to new buildings
Unlawful nuisance
7
Q
Prima Facie
A
Obvious nuisance
Physical damage