Nuisance Flashcards
Definition of Private Nuisance
Private nuisance is an indirect, unreasonable interference with the claimants enjoyment or use of their land
Definition of a Claimant
People with proprietary interest
Case for Claimants
Hunter v Canary Wharf - some of the claimants were children living with parents or lodgers with use of a room
Definition of a Defendant
Causes or creates the nuisance/ allows the nuisance
Case for Defendants
Tetley v Chitty - council allowed a go kart club to use their land for a race track. Nearby residents brought an action in nuisance
What is an indirect interference?
An indirect interference is something emitted from the defendants land onto the claimants. It must be a non physical intrusion
Examples of an indirect interference
Drifting fumes, vibrations, loud noises
What are the 5 factors of unreasonable interference?
Locality, The timing and duration of the interference, Seriousness of the interference, Sensitivity of the claimant, Malice shown by either party
What is Locality?
The activity must be appropriate for the area
Case for Locality
Laws v Florinplace - the defendants opened a sex shop in a residential area. The activity was not appropriate for the area
What does the timing and duration of interference mean?
The interference should be continuous, not a one off event
Case for timing and duration of the interference
Bolton v Stone - C was injured when a cricket ball was hit out of a cricket ground. Unsuccessful claim as it was a one off
What does seriousness of the interference mean?
There must be a balance between what is a case of mere discomfort and what is actual damage
Case for seriousness of interference
Halsey v Esso Petroleum Co - the oil depot emitted smut which damaged the C’s washing and paint work on his car. It was also noisy at night. Due to C being unable to sleep it was a nuisance
What is sensitivity of the claimant?
Hypersensitivity is when C is affected in a way the reasonable person would not be
Case for sensitivity of claimant
Robinson v Kent - the claimant stored paper on the ground floor of a building while D needed conditions to be warm and dry in the basement. The heat caused the paper to dry out and C sued for its loss of value but there was nuisance because C was using their land in a hyper sensitive way
What is meant by malice shown by either party?
Deliberately mean or harmful acts or acts of revenge will be seen as unreasonable and likely a nuisance. This goes for both sides
Case for malice shown by either party
Hollywood Silver Fox Farm v Emmett - C bred foxes on his farm, D disagreed with this so fired his gun near the property to scare the animals so they did not breed.
What is meant by foreseeability?
Foreseeability asks whether a person could or should reasonably have foreseen the harms that resulted from their action
Case for foreseeability
Wagon Mound - the D’s vessel leaked furnace oil at a Wharf in Sydney harbour, a fire spread rapidly.
What is Prescription?
Where an interference has continued for at least twenty years and there has been no complaint, then the D has the right to continue
Case for Prescription
Sturges v Bridgman - C a doctor had lived and worked next to D’s confectionary factory. C then built a consultation room in his garden but complained of the heightened noise due to the vibrations of D’s machinery
What is Statutory Authority?
If an activity is regulated or licensed by environmental or other laws, then this will provide an effective defence
Case for Statutory Authority
Allen v Gulf Oil Refining - D’s had been granted statutory authority permission to build a refinery but not to operate it
What is Local Authority Planning Permission?
Permission from the LA can sometimes be a defence, but this must change the character of the land.
Case for LAPP
Coventry v Lawrence - the Supreme Court has affirmed that planning permission cannot authorise a nuisance, but it may change the character of the locality
What is Act of a Stranger?
The act of a trespasser may be a defence. This will not apply however, where the defendant adopts the nuisance.
What is Violent non Fit Injuria?
The claimant may consent to the nuisance, but then cannot sue over it later.
What is Public Policy?
Social utility is important bit it is not strictly a defence anymore - courts have has to take a more flexible approach
