Nuisance Flashcards
3 stages of Nuisance
- Interference
- Damage
- Unreasonable
Cannot claim for loss of view or TV signal case
Hunter v Canary wharf
Examples of interference
- noise
- smell
- smoke
Define nuisance
An unreasonable interference with another’s use or enjoyment of land
Is nuisance a direct or indirect interefere?
Indirect interference
Nuisance may occur naturally if the defendant knows about it and does nothing case
Leakey v National Trust
3 types of damage
- discomfort
- inconvenience
- physical
Physical damage case
St Helens smelting v Tipping
What is the test for damage based on?
Test of remoteness (wagon mound)
4 types of unreasonable
- abnormal sensitivity
- locality
- duration
- malice
Case for sensitivity
Robinson v Kilvert
Case for locality
Sturges v Bridgman
Case for duration
Crown River cruises v Kimbolton fireworks
Case for malice
Hollywood silver fox farm v Emmett
What is sensitivity?
Not be liable for damage which occurs due to the claimant’s abnormal sensitivity
What is locality?
A person who lives in the countryside should expect certain noises and smells from the countryside
What is duration?
More likely to consider a nuisance unreasonable if it lasts for a long time or occurs during unsociable hours
What is malice?
If nuisance is caused for malicious reasons, the claim is more likely to succeed
Potential claimants
Only a person with an interest in the land can make a claim
Potential defendants
- creator of the nuisance
- owner
- occupier
Creator of the nuisance case
Thomas v National Union of Mineworkers
Occupier case
Leakey v National Trust
Owner case
Tetley v Chitty
Name the defences of nuisance
- coming to the nuisance
- prescription
- statutory authority
- public utility
Coming to the nuisance case
Sturges v Bridgman
Prescription case
Miller v Jackson
Statutory authority case
Allen v Gulf Oil
Public Utility case
Adams v Ursell
