Nuisance Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

what is private nuisance?

A

an indirect, substantial and unlawful interference with a persons ordinary use or enjoyment of land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the 5 elements of nuisance?

A
  • c must be able to sue d
  • indirect interference
  • interference with c’s common and ordinary use of land
  • the interference must be substantial
  • the interference must be unlawful
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what does hunter v canary wharf say?

A

the person being interfered with must have a proprietary interest/legal right in the land being affected. this includes owners and tenants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

who does tetley v chitty say can be sued?

A
  • the creator of the nuisance
  • the occupier of the land creating the nuisance
  • the owner of the land creating the nuisance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is the case for physical damage?

A

sedleigh denfield v o’callaghan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the 2 cases for non-physical discomfort?

A
  • christie v davey
  • wheeler v saunders
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is a continuing interference?

A

when a natural hazard develops and d fails to take precautions to stop it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is the case for continuing interference?

A

leakey v national trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is the case for common and ordinary use?

A

network rail infrastructure v morris

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what do ag v doughty and hunter v canary wharf ltd say about common and ordinary use of land?

A

if the thing being affected is merely a ‘thing in delight’ or recreational activity it will fail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what does halsey v esso petroleum say about damage?

A

that physical damage is always a substantial interference, yet non-physical discomfort will only be substantial if it makes it physically unpleasant to be on the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what does fearn v tate gallery say about it being unlawful?

A

that there must be some ‘give and take’ between neighbours and that d’s use of land must go beyond what is common and ordinary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what 3 things must be considered to determine if it is unlawful?

A
  • locality
  • time/duration
  • malice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is the case for locality?

A

sturges v bridgman

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is the case for time?

A

halsey v esso petroleum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what is the case for duration?

A

crown river cruises v kimbolton

17
Q

what is the case for malice?

A

christie v davey

18
Q

what are the 2 defences to nuisance?

A

prescription and planning permission

19
Q

what is the case for prescription?

A

sturges v bridgman

20
Q

what does sturges v bridgman say?

A

that d can be prescribed the right to continue if his act has been a nuisance to the same c for 20 years without complaint

21
Q

what is the case for planning permission?

A

wheeler v saunders

22
Q

what does wheeler v saunders say?

A

it grants d a chance to change the locality of his land so it becomes common and ordinary

23
Q

what are the 3 remedies for nuisance?

A
  • injunctions
  • damages
  • abatement
24
Q

what is an injunction?

A

an order to stop d (perpetual)/make d do something (partial)

25
Q

what is abatement?

A

letting c do something to prevent the nuisance