nuisance

Question 1

what case defines nuisance

Answer 1

(Fearn v Tate Gallery 2023

Question 2

whats a direct nuisance

Answer 2

direct action that causes harm e.g letting animals onto neighbouring land

Question 3

whats a indirect nuisance

Answer 3

consequence of someone elses behaviour e.g smell, noises or smoke

Question 4

what are the 4 requirements of nuisance

Answer 4

1.Claimant has an “interest in land’’

2.The Defendant is the person allowing the nuisance. (D is the owner or tenant)

3.There is an unlawful interference with the Claimant’s use and enjoyment of their property

4.The use of land by the Defendant is unreasonable

Question 5

Claimant has an “interest in land’’ case

Answer 5

Hunter v Canary Wharf 1997

Question 6

what does this state

Answer 6

Must have an “interest” in the land – meaning a legal interest.

They can be owners or tenants, but cannot be children, family or friends.

Question 7

does ‘defendant is the person allowing the nuisance’ include naturally occurring nuisance

Answer 7

yuh (u got dis queenie pie pops)

Question 8

what other thing does this include

Answer 8

“adopted” the nuisance by being aware of it and not doing anything to stop it

Question 9

Defendant is the person allowing the Nuisance case (think tea)

Answer 9

Tetley v Chitty 1986

Question 10

naturally occurring nuisance case

Answer 10

Leakey v National Trust 1980

Question 11

“adopted” the nuisance case (like sledge)

Answer 11

Sedleigh Denfield v O’Callaghan 1940

Question 12

does unlawful Interference with the Claimant’s Use and Enjoyment of Property mean illegal activities

Answer 12

na g

just that it is unreasonable in the way that it affects the claimant

Question 13

in a scenario you need to identify specifically what’s causing the nuisance!
this is usually smth indirect

Question 14

what case tells us it can also include physical damage to C’s property
(think like g eazy cheated on)

Answer 14

Halsey v Esso

Question 15

what did Fearn v Tate Gallery 2023 say

Answer 15

Said no limit to what can constitute a nuisance - as long as it is substantial (big enough)

Question 16

what does it include

Answer 16

Fumes and factory noise/smell (Halsey v Esso)
Smells
Noise
Vibrations from a factory

Question 17

what does this not include

Answer 17

Right to a view of the countryside
Right to light
Right to TV reception (Hunter v Canary Wharf 1997)

Question 18

what is Unreasonable Use of the Land by the Defendant about

Answer 18

This is about balancing the interests of both parties

Question 19

what case asks 2 questions (not a new case dawgy)

Answer 19

1) Is the interference for C substantial?
It is an objective test – would the reasonable person see this as a substantial interference?

2. Is D is using their land in a common and ordinary way?
   If so, D will not be liable, no matter how substantial the interference is

Question 20

what 4 factors will courts look at to see if its unreasonable

Answer 20

Locality (is it urban/rural/residential /industrial?)

-Duration (continuous)

-Sensitivity of the Claimant (damage is not foreseeable to the Defendant)

-Malice (deliberately harmful=unreasonable)

Question 21

Locality case (think where trolls live)

Answer 21

Sturges v Bridgman 1879

Question 22

duration case

Answer 22

Crown River Cruises v Kimbolton Fireworks 1996

Question 23

sensitivity of c case (think caparo test)

Answer 23

Robinson v Kilvert 1889

Question 24

malice case (think where they go in nativity)

Answer 24

Hollywood Silver Fox Farm v Emmett 1936

Question 25

what are the 4 defences

Answer 25

consent

Prescription (0ccurring for 20 years or more without complaint)

Statutory Authority (There is an Act of Parliament which requires the defendant to do whatever action is causing the nuisance)

Acts of a Stranger (If the nuisance is not caused by the Defendant directly this will usually be a full defense)

Question 26

prescription case (think shaun lailas friend)

Answer 26

Coventry v Lawrence

Question 27

Statutory Authority case (think law teacher)

Answer 27

Allen v Gulf Oil

Question 28

Acts of a Stranger case

Answer 28

Sedleigh Denfield

Question 29

what are the defenses that are not available (2)

Answer 29

Claimant Came to the Nuisance- If a claimant moves into an area voluntarily then finds a Defendant’s actions a nuisance, the Defendant cannot claim that they are not liable because the Claimant moved there voluntarily

Usefulness of the Defendant’s Activity OR that D took Care and Skill - If the Defendant’s activity serves a useful social purpose – or they are doing the activity with all care and skill – this is still not a defense

Question 30

Claimant Came to the Nuisance- what case is this seen in (u got this gng)

Answer 30

Miller v Jackson

Question 31

Usefulness of the Defendant’s Activity OR that D took Care and Skill case (same one gng)

Answer 31

Miller v Jackson

Question 32

darg i aint done remedies soz