Land (Public) Flashcards
public nuisance
a number of people are affected
a class of people
there is no set amount of people needed to be affected, just a selection, it will be decided on a case by case basis
pya quarries
d operated a quarry and used blast techniques causing noise and dust to interfere with many individuals in the area
special damages
the c must show that thy suffered special damage over and above what other members of the class have suffered. it might include things like personal injury
corby
c sought damages alleging that land owned by the d was so contaminated as to have caused their children to be born with deformities
defences
- consent
- contributory negligence
- statutory authority
consent
c given consent and typically cannot sue
contributory negligence
the c has added to the negligence
statutory authority
if permission for the use of the land has been given by the local authority, the actions may not be a nuisance