Nuisance Flashcards
What is the legal definition of nuisance in UK law?
Nuisance is an unlawful interference with a person’s use or enjoyment of land.
True or False: Nuisance can only be a physical interference.
False: Nuisance can be physical, noise, smell, or other disturbances.
What are the two main types of nuisance?
Private nuisance and public nuisance.
Fill in the blank: A private nuisance affects _____ individuals or properties.
specific
What is a public nuisance?
A public nuisance is an act that affects the community or public at large.
Which case established the principle of ‘reasonable user’ in private nuisance?
The case of ‘Hunter v Canary Wharf Ltd (1997)’
True or False: A claimant in a private nuisance case must have a proprietary interest in the land affected.
True
What is the ‘coming to the nuisance’ defense?
It is a defense arguing that the claimant moved to the nuisance rather than it moving to them.
What must a claimant prove to establish a private nuisance claim?
They must prove that the interference is substantial and unreasonable.
Fill in the blank: The court often uses the ‘_____ test’ to determine if a nuisance is unreasonable.
balancing
Which factors are considered in assessing the reasonableness of a nuisance?
Location, duration, frequency, and severity of the interference.
What is an example of a public nuisance?
Blocking a public road or creating a hazard that affects the community.
True or False: Only local authorities can sue for public nuisance.
False: Individuals can sue if they have suffered special damage.
What type of damages can be awarded in nuisance cases?
Compensatory damages or injunctions.
Fill in the blank: An injunction is a court order that requires a party to _____ or refrain from doing something.
do
Which case is often cited regarding the defenses available in nuisance claims?
The case of ‘Sturges v Bridgman (1879)’
True or False: Nuisance claims can include emotional distress.
True, if it relates to the use or enjoyment of land.
What is the ‘continuing nuisance’ concept?
It refers to a nuisance that is ongoing, allowing for continuous claims.
What does the term ‘substantial interference’ mean in nuisance law?
Interference that significantly affects the claimant’s use or enjoyment of land.
Fill in the blank: In determining nuisance, courts consider the _____ of the defendant’s actions.
reasonableness
What is the ‘locality principle’ in nuisance cases?
The principle that considers the character of the area when assessing nuisance.
True or False: A licensee can bring a claim for private nuisance.
False: Only those with a proprietary interest can claim.
What is the purpose of the ‘reasonable user’ standard?
To evaluate whether a landowner’s use of land is acceptable in the context of surrounding properties.
Name one remedy available for nuisance claims.
Injunction or damages.
What is ‘nuisance per se’?
An act that is considered a nuisance in itself, regardless of the circumstances.
Fill in the blank: The primary aim of nuisance law is to balance the rights of _____ and the needs of society.
individuals
