Nuisance

Question 1

Define private nuisance

Answer 1

The unlawful interference with C’s use or enjoyment of land.

Question 2

Who does private nuisance protect

Answer 2

Any person who has an interest in the land effected

Question 3

What will the defendant normally be (Clue: Only has to be one of the three)

Answer 3

1) Creator of the nuisance
2) The occupier of the land which is the source of nuisance
3) the owner of the land if he authorised the nuisance

Question 4

What factors affect whether the interference is unlawful (4)

Answer 4

1) Location
2) Frequency
3) Malice
4) Abnormally sensitive

Question 5

Defences (4)

Answer 5

(1) Consent and Contributory Negligence
(2) Statutory authority
(3) Twenty years of the nuisance being tolerated
(4) Coming to the nuisance is not a defence and neither is public benefit

Question 6

Appropriate remedies

Answer 6

Special and general
Partial injunctions (e.g only operating a loud sawmill between certain hours) and injunctions to stop a nuisance.