Nuisance

Question 1

Hunter v Canary Wharf LTD

Answer 1

Only ones with legal interest in the land can claim

Question 2

Factors taken into account when deciding if interference is unreasonable

Answer 2

Duration
Sensitivity
Locality
Malice
Social benefit

Question 3

Crown river cruises v fireworks

Answer 3

Duration

Question 4

Network rail infrastructure v morris

Answer 4

Sensitivity of claimant. Only unreasonable interference if it affects the normal person. Not because of a certain sensitivity.

Question 5

Surges v bridgeman

Answer 5

Locality. What would be a nuisance in belgrave square may not be in Bermondsey

Question 6

Hollywood silver fox farm v emmet

Answer 6

Malice. Interfering deliberately

Question 7

Miller v Jackson

Answer 7

Social benefit

Question 8

Defences

Answer 8

Prescription
Statutory authority
Volenti

Question 9

Defence of prescription

Answer 9

Complete defence
If nuisance has been going on for 20+ years and no one else complained

Question 10

Statutory authority

Answer 10

Permission by a specific parliamentary act to create a nuisance

Question 11

Marcic v Thames water

Answer 11

Statutory authority case. Water company had authority

Question 12

Volenti

Answer 12

Must know precise rules and consent with free will