NEGLIGENCE- nuisance

Question 1

what are the two types of nuisance?

Answer 1

private and public

Question 2

what is nuisance also?

Answer 2

a tort between two people- reasonable user of land

Question 3

case for private nuisance?

Answer 3

bamford v turney

Question 4

what is the plan of private nusiance?

Answer 4

d & c- recognised forms- reasonable user test

Question 5

what is the quote for private nuisance?

Answer 5

“an unlawful interference with a persons use or enjoyment of land or some right over in connection with it”

Question 6

what type of offence is private nuisance?

Answer 6

common law offence?

Question 7

what is the 1st step?

Answer 7

identify d and c

Question 8

what is d in private nuisance?

Answer 8

owner/occupier of land causing nuisance

Question 9

what is c in private nuisance?

Answer 9

owner/occupier of land and enjoyment affected

Question 10

examples of private nuisance d?

Answer 10

farmer for festival, tenant making noie, someone who is temp = sue landlord or someone live in house but on holiday = still owner

Question 11

examples of private nuisance c?

Answer 11

someone allowed in house don’t own it cant sue needs to be owner (c) to sue

Question 12

case of example of private nuisance c?

Answer 12

hunter v canary wharf

Question 13

what must the nuisance in private nuisance be?

Answer 13

must be more than once (more than a one off single event)

Question 14

does distance affect it?

Answer 14

could also be quite a distance there is no limit as long as it effects enjoyment

Question 15

what does c get if normally continuous?

Answer 15

normally injunctions

Question 16

what must there then be (2nd element )

Answer 16

recognised forms

Question 17

what are the types of recognised forms?

Answer 17

noise, pollution, smell, smoke,dust,ash,soot,vibrations,fire,tree branches,roots,pollution of rivers

Question 18

what must the recognised forms do?

Answer 18

come from someones land

Question 19

what helps to see if ti is actionable?

Answer 19

the “reasonable user” test -look at several things

Question 20

what are the several things you look at in the reasonable user test

Answer 20

location, time, usefulness of d, ,sensitivity of c, malice

Question 21

acronym for reasonable user test?

Answer 21

LUSTM

Question 22

case for location?

Answer 22

sturges v bridgman

Question 23

what is location meaning?

Answer 23

what would be a nusiance in belgrave square not in Bermondsey - what do you expect?

Question 24

case for time?

Answer 24

de keysers royal hotel v spicer bros ltd

Question 25

what is meaning of time?

Answer 25

an injunction was granted to prevent noisy building works at night

Question 26

case for usefulness of d?

Answer 26

stephens v anglian water authority/miller v jackson

Question 27

what is meaning of usefullness of d?

Answer 27

basically like value of d's activity inconvenient but important and reasonble

Question 28

case of sensitivity c?

Answer 28

gaunt v finney

Question 29

what is meaning of sensitivity of c?

Answer 29

if c over sensitive not allowed claim if nusiance wouldnt affect average person

Question 30

case of malice?

Answer 30

chrisite v davey

Question 31

what is meaning of malice?

Answer 31

if nuisance deliberate to antagonise then moretime actionable

Question 32

however what must you take into consideration with d?

Answer 32

balance carefully dont give in to c too easily

Question 33

defences for private nuisance?

Answer 33

stat authority | presciption

Question 34

case for stat authority?

Answer 34

allen v gulf oil refining ltd

Question 35

what is meant by stat authority?

Answer 35

activity allowed based on stat/allowed/created

Question 36

what is meant by prescription?

Answer 36

if c put up with nuisance 20 +yrs d will be able to continue if next c = 12 month can c

Question 37

what are the type of remedies?

Answer 37

damages/injunction/abatement

Question 38

what are damages?

Answer 38

financial compensation is available when c has suffered harm/prop damaged and suffered less by ash staining paint work

Question 39

what are injunction?

Answer 39

a court oder to stop nuisance. most common. and most important to stop.

Question 40

what is abatement?

Answer 40

c taking actions to stop nuisance but c needs to avoid criminal damage/trespass. normally involve c e.g cutting down neighbours

Question 41

what is public nuisance?

Answer 41

nuisance that affects a group of people

Question 42

what is quote for public nuisance?

Answer 42

"which materially affects the reasonable comfotrt and convenience of life a class of her majestys subjects"

Question 43

who said common law quote?

Answer 43

per romer lj in attorney general v pya quarries

Question 44

what is meant materially affects?

Answer 44

substantial and not trivial

Question 45

what are the types of nusiance?

Answer 45

noisy and polluting factory- attorney general v pya quarries pop concert= noise and traffic- ag of ontario v orange blocking a canal- rose v millers queuing on a highway causing obstruction -lyons v gulliver

Question 46

what can public nusiance be?

Answer 46

can be single off event and substantial not trivial

Question 47

what must there then need to be after type of nuisance?

Answer 47

reasonable comfort and convenience

Question 48

what is mean by reasonable comfort and convenience?

Answer 48

no need to affect land just reasonable comfort and convenience of his life portable tort- d & c could be anywhere just needs to satisfy rules and group of people "class of majesty subjects"

Question 49

what do you need to prove with reasonable comfort and convenience?

Answer 49

need to prove group affected- only ones who can sue is those who suffer partial, special losses over and above ordinary inconvenience suffered by majority

Question 50

what is highway nuisance?

Answer 50

common form / normal way in exam

Question 51

how was highway nuisance defined and who by?

Answer 51

any from freely,safely,and conveniently passing along the highway- lord simmons in jacobs v london cc

Question 52

examples of highway nuisance?

Answer 52

queues for a theatre blocking acess c's shop-lyons v gulliver putting up a stand in street to watch procession- campell v paddington corp'n unreasonable use of highway during the night by hearing lorries-halsey v esso using pipeline over pavement- farrel v john morolem

Question 53

defences for public nuisance?

Answer 53

stat authority

Question 54

remedies for public nuisance?

Answer 54

damages and injunctions as in private and economic loss =possible prescription not as defence.