nuisance Flashcards
what’s the definition of nuisance (1)
its a distinct area of tort law concerned with the protection of rights over land. nuisance must be unreasonable and substantial.
who can bring a claim and who can it be brought against (2)
only people with a legal right or interest can bring a claim. can be brought against anyone that creates a nuisance.
what are the factors for unlawful interference (3)
duration and frequency, location, malice, sensitivity and social utility.
what case is if there’s no nuisance if C makes a sensitive use of the land?
(Robinson v Kilvert)
what case is the longer the duration its more likely to be unreasonable?
(Crown river cruises v Kimbolton fireworks)
what case is social utility?
(Dennis v MOD)
case about malice?
(Christie v Davey)
case that damage must be reasonably foreseeable?
(Leaky v national trust)
Claim Ao1 paragraph
C must have legal interest or exclusive possession of the land (Hunter v Canary wharf) anyone that causes an interference with another land can be claimed against.
(Hunter v Canary wharf)
C must have legal interest or exclusive possession of the land.
what are the 2 main defenses (4)
statutory authority and prescription
what is statutory authority
where an act of parliament may authorize a nuisance
case for statutory authority
(Allen v Gulf oil)
what is prescription
where a nuisance has carried out for 20 years without objection
case fore prescription
(Sturges v Bridgeman)
case for moving to a nuisance isn’t a defense
(Miller v Jackson)
case for that planning permission isn’t a defense.
(Coventry v Lawrence)
what are the 3 possible remedies (5)
a complete or partial injunction, courts can award damages and can be rewarded for physical damage to land
case for complete or partial injunction
(Watson v Croft)
cases for courts can award damages in lieu of an injunction
(Miller V Jackson ; Dennis v MOD)
what is a nuisance in one area that wont be one in another (factor)
(Sturges v Bridgeman)
