NEGLIGENCE- nuisance Flashcards
what are the two types of nuisance?
private and public
what is nuisance also?
a tort between two people- reasonable user of land
case for private nuisance?
bamford v turney
what is the plan of private nusiance?
d & c- recognised forms- reasonable user test
what is the quote for private nuisance?
“an unlawful interference with a persons use or enjoyment of land or some right over in connection with it”
what type of offence is private nuisance?
common law offence?
what is the 1st step?
identify d and c
what is d in private nuisance?
owner/occupier of land causing nuisance
what is c in private nuisance?
owner/occupier of land and enjoyment affected
examples of private nuisance d?
farmer for festival, tenant making noie, someone who is temp = sue landlord or someone live in house but on holiday = still owner
examples of private nuisance c?
someone allowed in house don’t own it cant sue needs to be owner (c) to sue
case of example of private nuisance c?
hunter v canary wharf
what must the nuisance in private nuisance be?
must be more than once (more than a one off single event)
does distance affect it?
could also be quite a distance there is no limit as long as it effects enjoyment
what does c get if normally continuous?
normally injunctions
what must there then be (2nd element )
recognised forms
what are the types of recognised forms?
noise, pollution, smell, smoke,dust,ash,soot,vibrations,fire,tree branches,roots,pollution of rivers
what must the recognised forms do?
come from someones land
what helps to see if ti is actionable?
the “reasonable user” test -look at several things
what are the several things you look at in the reasonable user test
location, time, usefulness of d, ,sensitivity of c, malice
acronym for reasonable user test?
LUSTM
case for location?
sturges v bridgman
what is location meaning?
what would be a nusiance in belgrave square not in Bermondsey - what do you expect?
case for time?
de keysers royal hotel v spicer bros ltd
what is meaning of time?
an injunction was granted to prevent noisy building works at night
case for usefulness of d?
stephens v anglian water authority/miller v jackson
what is meaning of usefullness of d?
basically like value of d’s activity inconvenient but important and reasonble
case of sensitivity c?
gaunt v finney
what is meaning of sensitivity of c?
if c over sensitive not allowed claim if nusiance wouldnt affect average person
case of malice?
chrisite v davey
what is meaning of malice?
if nuisance deliberate to antagonise then moretime actionable
however what must you take into consideration with d?
balance carefully dont give in to c too easily
defences for private nuisance?
stat authority
presciption
case for stat authority?
allen v gulf oil refining ltd
what is meant by stat authority?
activity allowed based on stat/allowed/created
what is meant by prescription?
if c put up with nuisance 20 +yrs d will be able to continue if next c = 12 month can c
what are the type of remedies?
damages/injunction/abatement
what are damages?
financial compensation is available when c has suffered harm/prop damaged and suffered less by ash staining paint work
what are injunction?
a court oder to stop nuisance. most common. and most important to stop.
what is abatement?
c taking actions to stop nuisance but c needs to avoid criminal damage/trespass. normally involve c e.g cutting down neighbours
what is public nuisance?
nuisance that affects a group of people
what is quote for public nuisance?
“which materially affects the reasonable comfotrt and convenience of life a class of her majestys subjects”
who said common law quote?
per romer lj in attorney general v pya quarries
what is meant materially affects?
substantial and not trivial
what are the types of nusiance?
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
what can public nusiance be?
can be single off event and substantial not trivial
what must there then need to be after type of nuisance?
reasonable comfort and convenience
what is mean by reasonable comfort and convenience?
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”
what do you need to prove with reasonable comfort and convenience?
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
what is highway nuisance?
common form / normal way in exam
how was highway nuisance defined and who by?
any from freely,safely,and conveniently passing along the highway- lord simmons in jacobs v london cc
examples of highway nuisance?
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
defences for public nuisance?
stat authority
remedies for public nuisance?
damages and injunctions as in private and economic loss =possible
prescription not as defence.
