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Law Paper 2 > Nuisance > Flashcards

Nuisance Flashcards

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1
Q

3 stages of Nuisance

A
  1. Interference
  2. Damage
  3. Unreasonable
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2
Q

Cannot claim for loss of view or TV signal case

A

Hunter v Canary wharf

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3
Q

Examples of interference

A
  • noise
  • smell
  • smoke
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4
Q

Define nuisance

A

An unreasonable interference with another’s use or enjoyment of land

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5
Q

Is nuisance a direct or indirect interefere?

A

Indirect interference

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6
Q

Nuisance may occur naturally if the defendant knows about it and does nothing case

A

Leakey v National Trust

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7
Q

3 types of damage

A
  • discomfort
  • inconvenience
  • physical
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8
Q

Physical damage case

A

St Helens smelting v Tipping

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9
Q

What is the test for damage based on?

A

Test of remoteness (wagon mound)

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10
Q

4 types of unreasonable

A
  • abnormal sensitivity
  • locality
  • duration
  • malice
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11
Q

Case for sensitivity

A

Robinson v Kilvert

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12
Q

Case for locality

A

Sturges v Bridgman

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13
Q

Case for duration

A

Crown River cruises v Kimbolton fireworks

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14
Q

Case for malice

A

Hollywood silver fox farm v Emmett

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15
Q

What is sensitivity?

A

Not be liable for damage which occurs due to the claimant’s abnormal sensitivity

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16
Q

What is locality?

A

A person who lives in the countryside should expect certain noises and smells from the countryside

17
Q

What is duration?

A

More likely to consider a nuisance unreasonable if it lasts for a long time or occurs during unsociable hours

18
Q

What is malice?

A

If nuisance is caused for malicious reasons, the claim is more likely to succeed

19
Q

Potential claimants

A

Only a person with an interest in the land can make a claim

20
Q

Potential defendants

A
  • creator of the nuisance
  • owner
  • occupier
21
Q

Creator of the nuisance case

A

Thomas v National Union of Mineworkers

22
Q

Occupier case

A

Leakey v National Trust

23
Q

Owner case

A

Tetley v Chitty

24
Q

Name the defences of nuisance

A
  • coming to the nuisance
  • prescription
  • statutory authority
  • public utility
25
Q

Coming to the nuisance case

A

Sturges v Bridgman

26
Q

Prescription case

A

Miller v Jackson

27
Q

Statutory authority case

A

Allen v Gulf Oil

28
Q

Public Utility case

A

Adams v Ursell

Law Paper 2 (8 decks)

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