Nuisance

Question 1

Which case shows that the claimant must have a legal interest in the land?

Answer 1

Malone v Laskey

Question 2

Which case shows that the defendant does not need to own the land, they just need to have used it?

Answer 2

Jones v PCC

Question 3

How is unlawful use defined?

Answer 3

Unlawful doesn’t mean illegal in this context, but that their use of land amounts to being unreasonable in the way that it affects the claimant

Question 4

In which case was the use of land not unlawful?

Answer 4

London Borough of Southwalk v Mills

Question 5

Which case shows that a claim in nuisance can be brought to protect feelings?

Answer 5

Thompson Schwab v Costaki

Question 6

What are the factors of reasonableness?

Answer 6

1) Locality
2) Duration
3) Sensitivity
4) Malice
5) Benefit

Question 7

In which case did the locality of the nuisance negate the defendant’s liability?

Answer 7

Hirose Electrical v Peak Ingredients Ltd.

Question 8

Which case shows that a temporary activity may still constitute a nuisance?

Answer 8

De Keyser’s Royal Hotel v Spicer Bros

Question 9

Which case shows that if a claimant is overly-sensitive then their claim may fail?

Answer 9

Network Rail Infrastructure v Morris

Question 10

Which case shows that malice will be considered to be nuisance?

Answer 10

Hollywood Silver Fox Farm v Emmet

Question 11

Which case shows that an act of public benefit won’t be deemed a nuisance?

Answer 11

Miller v Jackson

Question 12

Which case shows that the damage caused must be foreseeable?

Answer 12

Cambridge Water v Eastern Counties Leather PLC

Question 13

What are the defences to nuisance?

Answer 13

1) Prescription
2) Consent
3) Ordinary use of land
4) Statutory authority