NUISANCE Flashcards
What is the definition of nuisance?
An interference to the plaintiff’s interest on the use or enjoyment of his land, by the defendant without entry.
Nuisance protects the right of comfort to persons with proprietary interest in land and as members of society.
Is negligence a prerequisite in an action of nuisance?
No, negligence is not a prerequisite in an action of nuisance.
What did the court hold in the case of Wisma Punca Emas Sdn Bhd v Dr Donal?
The court held that negligence is not required, but fault is required, and proof of special damage is adequate.
What are the key differences between trespass to land and nuisance?
Trespass to Land:
* Harm must be caused by a direct Act
* Direct entry
* Actionable per se
Nuisance:
* Action may be maintained in case of consequential harm
* Interference to plaintiff’s interest without entry
* NOT actionable per se (unless for smell).
What are the two types of damage in nuisance claims?
- Physical damage of property
- Interference to personal comfort.
What are the two types of remedies available in nuisance cases?
- Injunction
- Monetary compensation/Damages.
Who can sue for nuisance?
The person who has legal interest (proprietary or possessory) in the land.
Which parties have no entitlement to sue for nuisance according to Hunter v Canary Wharf Ltd?
Spouse or children of the occupier, guests, lodgers, or workers.
What was the outcome of Malone v Laskey [1907] regarding who can sue?
Court denied remedy to the wife of an occupier as she did not have legal interest over the land.
What was significant about Khorasandijan v Bush [1993] in relation to who can sue?
The court extended the category of persons entitled to sue, allowing a mere licensee to seek an injunction.
What are the criteria for who can be sued in nuisance cases?
- Creators of the interference
- Occupiers with knowledge of the nuisance
- Landlords under specific conditions.
What case established that the source/creator of interference can be liable for nuisance?
Marcic v Thames Water Utilities Ltd.
Under what conditions can a landlord be held liable for nuisance?
- When he has authorized the nuisance
- When he knew the nuisance before tenancy commenced
- When he has promised to conduct repair work.
What defines public nuisance?
An act affecting the reasonable comfort & convenience of a class of society.
What are the two ways public nuisance can be claimed?
- Criminal proceeding
- Civil proceeding without special damage.
What must a plaintiff prove in a civil proceeding with special damage for public nuisance?
The plaintiff must prove that they suffered damage and injury over and beyond ordinary inconvenience.
What is the definition of private nuisance?
An unlawful substantial and unreasonable interference with a person’s use, comfort, enjoyment, and any interest that a private individual may have over his land.
What must a plaintiff prove in a private nuisance claim?
The damage must be substantial and unreasonable.
What are the three types of interference recognized in private nuisance?
- Interference with use of land
- Interference with comfort or enjoyment of land
- Physical damage.
What are the six factors of unreasonableness in nuisance cases?
- Damage and Location of the premise
- Public benefit of defendant’s activities
- Extraordinary Sensitivity of plaintiff
- Duration & Frequency of nuisance
- Temporary interference & Isolated incidents
- Malice.
True or False: A plaintiff’s extraordinary sensitivity is considered in nuisance claims.
False, the law is not sympathetic to extra sensitivity unless substantial interference is proven.
What is a gas explosion described as in the context of liability?
A disaster waiting to happen due to a pre-existing state of affairs
This implies that foreseeable dangers exist without reasonable precautions taken.
What are the three components of a pre-existing state of affairs?
- Pre-existing dangers that are foreseeable
- No reasonable precaution has been taken
- Causes physical damage
What was the outcome of the case Spicer v Smee [1946]?
DF was liable for the fire caused by defective electrical wiring
The fire damaged PF land adjoining DF land.
What constitutes malice in the context of nuisance cases?
Actions taken with malicious intent that disturb another’s enjoyment of their property
What was the ruling in Christie v Davey [1893]?
DF’s actions were deemed malicious, and an injunction was granted against him
In Hollywood Silver Fox Farm Ltd v Emmett [1936], what was DF’s liability based on?
Malicious intent to disturb PF’s sensitive foxes during mating season
DF’s unnecessary actions led to liability despite acknowledging the foxes’ sensitivity.
True or False: Coming to the nuisance is a valid defense in nuisance cases.
False
Bliss v Hall [1838] established that prior existence of a nuisance does not negate the right to undisturbed enjoyment.
What is the prescription defense in nuisance cases?
Legalizes a private nuisance if it continues for 20 years, starting only when PF is aware of the nuisance
What was the significance of Sturges v Bridgman [1879] regarding prescription?
The 20-year period did not apply as PF was not aware of the nuisance until after the treatment room was built
What is the statutory authority defense in nuisance cases?
DF may escape liability if a statute permits the activity causing the nuisance
DF must prove that the nuisance is inevitable despite precautions.
List other defenses available in nuisance cases.
- Necessity
- Consent
- Defense of property
- Contributory negligence
