Legal Method & Tort Flashcards
Which Act of Parliament set out statutory nuisance provisions set out before the Environment Act 1990 was enacted?
Public Health Act 1936
Under which provision of the Environmental Protection Act 1990 can an individual complain to a Magistrates’ Court about an alleged statutory nuisance?
Section 82
The Statutory Nuisance (Appeals) Regulations 1995 set out what?
Some of the procedural requirements under which appeals may be brought against the requirements of an abatement notice
How may a property be a statutory nuisance?
Premises in such a state as to be prejudicial to health or a nuisance
What is Halsbury’s Laws of England
A well respected multi-volume commentary on English Law
An owner is the proper target of an abatement notice when?
Often - unless someone else has caused the nuisane
Which Act of Parliament empowers a local authority to issue an enforcement notice to protect the amenity of land in council areas?
Town and Country Planning Act 1990
Which Act of Parliament empowers a local authority to require a land owner to clear rubbish from their land to deal with actual or threatened infestation of rats or mice
Prevention of Damage by Pests 1949
What did Ms Donoghue find in her ginger beer?
A snail
What type of case is Donoghue–v-Stevenson
A Scots Law case (relevant to UK as seen by HoL)
If a judge distinguishes a precedent what does this mean and why are they doing it?
Arguing that a case cited by others as precedent is not an appropriate analogy for the current case. They are doing this to avoid the need to follow existing precedent and develop an alternative interpretation of the relevant law
In what kinds of cases do judges most commonly become concerned about “opening the floodgates”?
Cases involving potential changes to the interpretation of the law which they fear may have wide ranging consequences
What does Murphy–v-Brentwood D.C (1990) show?
Judges were concerned about the potential impact of placing ever more liability on public bodies via liability in negligence - particularly when related to devaluation
What did Caparo–v-Dickman (1990) do
Restrict liability in negligence
What branch of law does tort relate to?
Civil law
What does Res ipsa loquitur mean and how is it relevant to negligence
The thing speaks for itself - sometimes injury in close proximity or a careless act/omission is enough proof that negligence caused the injury
What is trespass
A direct interference with property rights without lawful excuse
Name three Acts of Parliament which grant access to neighbouring land
Party Wall Act 1996
Access to Neighbouring Land Act 1992
Civil Aviation Act 1982
What are the principles of Private Nuisance
- A balance has to be struck over reasonable use and enjoyment (give and take)
- A one off incident cannot be a private nuisance
- Reasonableness of use of the land will be considered, hypersensitivity or unreasonable expectations for enjoyment of property may lead to failure in the claim
What did Andrae-v-Selfridge (1938) involve?
A resident having to put up with noise and nuisance during construction works at a nearby property
What does the Defective Premises Act 1972 do
Imposes a duty of care on builders towards subsequent owners of the dwelling. This entitles those subsequent owners to claim against the builder if the dwelling was built or renovated in a negligent way
