land torts

Question 1

what is private nuisance

Answer 1

a tort claim where someones use or enjoyment of their property is affected by the unreasonable behaviour of another

Question 2

who can claim private nuisance

Answer 2

someone who has an interest in the land, not only the owner - but won’t extend to those with no interest such as children

Question 3

hunter v canary wharf

Answer 3

family members can’t claim and use of tv is not enough of an interference

Question 4

what case shows family members can’t claim

Answer 4

hunter v canary wharf

Question 5

what case shows tv interference is not unlawful

Answer 5

hunter v canary wharf

Question 6

who can be claimed against

Answer 6

any person who causes nuisance, who allows nuisance or fails to stop nuisance

Question 7

tetley v chitty

Answer 7

those who allow the nuisance can be claimed against even if they aren’t committing the nuisance

Question 8

what case shows the defendant only has to allow nuisance

Answer 8

tetley v chitty

Question 9

what is an interference

Answer 9

noise
sound pollution
material damage

Question 10

what case shows that a view is considered a nuisance

Answer 10

fearn v tate gallery