LAW P2 TORT (NUISANCE)

Question 1

What are the two types of nuisance?

Answer 1

• Public nuisance
• Private nuisance

Question 2

What is public nuisance?

Answer 2

A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public, or obstructs the exercise or enjoyment of rights common to all.

Question 3

What is private nuisance?

Answer 3

Private nuisance is concerned with the rights of the occupier in respect of the unreasonable interference of the enjoyment or use of his land

Question 4

What are the 3 points that needs to be proven for nuisance?

Answer 4

• There must be an indirect interference with the enjoyment or use of land
• The intereference must be unreasonable
• The interference casued damage

Question 5

What are the factors that the courts may consider when determining whether the interference was unreasonable?

Answer 5

• Locality - the location of the interference has an impact on whether it was unreasonable or not
• Duration - the longer the nuisance lasts, the greater the interference, and the greater likelihood of it being held to be unreasonable
• Sensitivity - If the claimant is abnormally sensitive, the defendants intereference will not be unreasonable
• Malice - where D acts out of malice, the actions are more likely to be held unreasonable

Question 6

What are the cases for the 4 factors the courts use when determining whether the interference was unreasonable?

Answer 6

• Locality - Sturges v Bridgman, the interference was unreasonble due to the location of the activity
• Duration - De keysers royal hotel v spicer bros, nuisance can arise from a substantial intereference with the use of property
• Sensitivity - Network rail v Morris the use of amplified electric guitars fell into the category of sensitive equipment
• Malice - Christie v Davey

Question 7

What are the cases for the 2 other nuisance requirements?

Answer 7

• (indirect interference) Hunter v Canary wharf, there is no right of action in nuisance for interference with television reception
• (caused damage) Cambridge water v eastern counties leather, D was not liable as the damage was too remote

Question 8

What are some of the defences for nuisance?

Answer 8

• Prescription
• Statutory authority

Question 9

What is the defence ‘prescription’?

Answer 9

Prescription is a defence where D has acquired a right to cause the relevant nuisance because they have done so for over 20 years without interruption.

Question 10

What is the defence ‘statutory authority’?

Answer 10

If a defendants activity is authorised by statute, then this will likely constitute a valid defence.

Question 12

What are the cases for the defences of nuisance?

Answer 12

• (prescription) Sturges v Bridgman, the activity only took on the nature of being a nuisance when the doctor built his consulting room
• (statutory authority) Wheeler v JJ saunders Ltd, the defendant built the pig house with planning permission