nuisance Flashcards
what are the two types of nuisance
public and private
what is the definition of private nuisance
an unlawful interference with a persona use or enjoyment of land or some right over it, or in connection with.
what has nuisance been described as and what does this mean
the law of give and take; the ability to balance the competing interests of individuals
where does reasonableness fit into nuisance
if something is unreasonable it is more likely to be considered a nuisance
what do the courts focus on when deciding whether something is a nuisance
whether the interference was sufficient enough to give rise to legal action
explain the key case involving canary wharf
hunter, 690 claims made against canary wharf ltd for interference with television reception, many of the claimants did not have a proprietary right to the property. courts said that interference with television reception was not enough to amount to nuisance and that to claim for s=nuisance you had to have a direct interest in the property
does the defendant (the person creating the nuisance) have to occupy the land
it is irrelevant whether or not the defendant occupies the land
what is a case involving go karting
Tetley. a landlord was liable for nuisance by permitting go karting on his land. HELD: the occupier can be responsible for ‘adopting’ the nuisance if they fail to deal with it
what is a case involving strangers blocking pipes
Sedleigh Denfield. strangers blocked a culvert pipe on the defendants land, the defendant was aware of this but failed to interfere. when this lead to flooding on the claimants land, the defendant was liable.
what is a case involving gypsies
page motors. the council was liable for nuisance when they failed to deal with gypsies who interfered with the claimants land
describe nuisance in three points
an unreasonable use of the land, leading to and indirect interference, with the claimants use or enjoyment of the land
what is a case that addresses locality
sturges, it was said that ‘what would be a nuisance in belgrave square would not necessarily be so in bermondsey’
what is a case that addresses wrong place
laws, the claimant successfully gained an injunction when a sex shop was opened in a residential area.
what is a case that addresses industrial areas
St Helens smelting. copper smelting, even in industrial areas, could be considered a nuisance when it resulted in smut damaging the claimants shrubs.
what is a case that addresses the duration of an interference.
Bolton. No liability when a cricket ball hit the claimant, only six balls had been hit outside of the ground in 28 years. the nuisance has to be ongoing.
