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.
what is a case that involves faulty wiring.
spicer. fire that began as a result of faulty wiring was accepted as a nuisance because the faulty wiring had been an ongoing issue.
what is a case that addresses smell.
adams, a fish and chip shop was forced to close when a smell was considered to be a nuisance.
what is a case that showed how a temporary interference could result in nuisance.
crown river cruises ltd. when a barge was set on fire due to the debris of a firework display that lasted 20 minutes this was considered a nuisance.
what is a case that saw an isolated event become a nuisance
cambridge water co. chemicals from a tannery polluted the water system, this was a nuisance.
what is a case that suggests that where something has damaged the claimants property, there i slikely to be a nuisance
halsey, damage which smuts caused to the washign was a nuisance.
what is a case that involves public interest
Miller, the court recognised that cricket balls coming on to the land were a nuisance, however, they were not prepared to grant an injunction becuase of public interest
what is a case that involved sensitivity of the claimant
robinson. no liability was found when manufacturing on boxes damaged brown paper being made by the claimant above, any other type of paper would have not been damaged so it was too specific and sensitive
what is a acse involving a music studio
morris, morris had a recording studio near a railway line, he lost his business when the railway installed new track circuits which interferred with the claimants amplification system. there was no liability because morris’ equipment was hyper sensitive.
what is a case that involved revenge
christie. d became annoyed by the noise from music lessons next door and began to deliberately bang walls, pots and shout. an injuction wa sgranted against him.
what are the rules on a claimant ignoring the nuisance
claimants are not allowed to ignore a nuisance on there land, irrespective of how it was craeted.
what is a case for claimant ignoring an interference
bradburn, a neighbour should have prevented the spread of dry rot to the connecting property
