Nuisance

Question 1

What is a nuisance?

Answer 1

An indirect interference that interferes with one’s enjoyment and use of the land.

Question 2

What must claimants under nuisance have?

Answer 2

Must have an interest in the land.

Question 3

What case decided that claimants under nuisance can be either occupiers or owners?

Answer 3

Hunter v. Canary Wharf.

Question 4

What can defendants under nuisance be?

Answer 4

Occupiers (Thomas v. National Union of Mineworkers)
Owners (Leakey v. national Trust)
Creators of Nuisance (Tetley v. Chitty).

Question 5

Can the defendant be liable if they choose to take no precautions if they are aware of the nuisance?

Answer 5

Yes (Leakey v. National Trust).

Question 6

Does physical damage improve the success of a case? Give a case to support this.

Answer 6

Yes, St Helens v. Tipping.

Question 7

List the A01 titles for nuisance in order.

Answer 7

Intro
Claimants and defendants
Interference
Damage
Unreasonable damage
Defences

Question 8

Are everyday noises a nuisance? Give a case to support this.

Answer 8

No, Southwark LBC v. Mills.

Question 9

What 4 factors will the court look at when determining unreasonableness or a nuisance?

Answer 9

1) . Abnormal sensitivity (Robertson v. Kilvert).
2) . Locality (Sturges v. Bridgeman)
3) . Duration (Crown River Cruises)
4) . Malicious intent (Christie v. Davey).

Question 10

What are the four defences in nuisance?

Answer 10

1) . Coming to the nuisance - never succeeded (Jackson v. Miller)
2) . Prescription - caused for 20 years with no objection (Sturges v. Bridgeman).
3) . Statutory authority (Allen v. Gulf Oil)
4) . Benefit of the nuisance (Adams v. Ursell)

Question 11

Which case decided that a landlord is not liable for the nuisance committed by his tenants?

Answer 11

Smith v. Scott - landlords were only liable if they allowed their tenants to commit the tort.