nuisance Flashcards
What is ‘private nuisance’?
‘Private nuisance’ is when something indirectly interferes with someone’s ability to use or enjoy their land.
What is ‘public nuisance’?
‘Public nuisance’ is when a large group of people or the public is disturbed or suffers because of someone else’s actions.
Can public nuisance be both a crime and a tort?
Yes, public nuisance can be both a crime and a tort.
What is the significance of the Police, Crime, Sentencing and Courts Act 2022 concerning public nuisance?
Under this act, criminal public nuisance no longer relies on common law.
Who can bring a claim for public nuisance?
Individuals with special damage can bring the claim.
What is a statutory nuisance?
Statutory nuisance involves government enforcement and is not covered in this module.
What are the two main types of nuisance?
- Private nuisance
- Public nuisance
What does private nuisance primarily protect?
Private nuisance primarily protects property rights.
What does public nuisance focus on?
Public nuisance focuses on protecting public interests.
What is the test for determining private nuisance?
The test is whether the defendant’s use of land causes unreasonable interference with the claimant’s enjoyment of land.
What are the two types of private nuisance?
- Physical injury to land
- Substantial interference with the enjoyment of the land
What is the case law associated with tree roots causing damage?
Davey v Harrow Corporation (1958) established that tree roots causing damage can lead to a nuisance claim.
Who can sue for private nuisance?
Only those with legal rights to the land can take legal action.
What did the case Malone v Laskey (1907) establish?
It ruled that only those with legal rights can claim for private nuisance.
What is the ‘reasonable use of land’ test?
It considers whether the defendant’s use of land is reasonable or causes unreasonable interference.
What factors determine reasonable use in nuisance cases?
- Damage to property or personal discomfort
- The nature of the locality
- Duration and frequency
- Utility of the defendant’s conduct
- Abnormal sensitivity
- Malice
What did the case Sturges v Bridgman (1879) establish about locality?
It established that whether something is a nuisance depends on the local area.
What is the significance of the case Miller v Jackson (1977)?
It ruled that the benefit of the cricket club to the community exceeded the inconvenience to the plaintiffs.
What is the role of an occupier in nuisance cases?
The occupier is held responsible if their employees or contractors cause a nuisance.
What is the concept of ‘adopting a nuisance’?
It refers to using something that causes a nuisance for one’s benefit.
What is ‘statutory authority’ in nuisance defenses?
It means that if the nuisance is allowed by law or government rules, the responsible party may not be liable.
What does the ‘20 years prescription’ defense entail?
If a nuisance has been happening for 20 years without a complaint, it might not be considered a nuisance.
What is the significance of the case Fearn v Tate Gallery (2023)?
It expanded the definition of private nuisance to include visual privacy in significant and ongoing intrusions.
What happens if the organization is careless or negligent in a nuisance case?
The defense does not apply.
Some laws include a ‘nuisance clause’ making the organization responsible for any nuisance caused, even if acting within the law.
What is the significance of a 20 years prescription in nuisance claims?
If the nuisance has been occurring for 20 years without a complaint, it might not be considered a nuisance.
This defense applies only if the nuisance has affected the claimant’s land for more than 20 years.
What is the case law associated with the 20 years prescription defense?
Sturges V Bridgman.
The defense failed because the plaintiff became aware of the nuisance when a new building was constructed.
What is the ‘act of a stranger’ defense in nuisance cases?
If the nuisance was caused by someone else who was not part of the case, like a trespasser.
Example: Box V Jubb, where the defendant was not held responsible for flooding caused by another neighbor.
What is a defense that courts have rejected in nuisance cases?
Coming to a nuisance.
A person cannot use this as a defense if they move to an area and then complain about an existing nuisance.
What was established in the case Bliss V Hall (1838)?
The court ruled that the plaintiff could claim nuisance even if the business causing it was there before they arrived.
This case reinforced that it wouldn’t be fair to expect avoidance of land purchase due to a neighbor’s misuse.
What does social utility imply in nuisance claims?
The usefulness of an activity to society does not justify causing a nuisance.
Example: Adams V Ursell, where a helpful shop was not allowed to operate due to causing nuisance.
What happens if multiple parties contribute to a nuisance?
The defendant cannot claim they are not responsible because they are only one of many contributors.
Example: Lambton V Mellish, where each contributor could be held responsible for the nuisance.
What is an injunction in the context of nuisance remedies?
A court order to stop the nuisance.
Getting an injunction is a discretionary remedy, not an automatic right.
Under what circumstances might damages be awarded instead of an injunction?
- The harm to the claimant’s legal rights is minor
- The harm can be valued in money
- A small payment would suffice to compensate the claimant
- Giving an injunction would be unfairly harsh to the defendant
Based on Shelfer V City of London Electric Lighting Co (1895).
What is the self-help remedy in nuisance cases?
Abatement.
This allows a claimant to take action to fix the problem themselves, like cutting a neighbor’s tree branch up to their boundary line.
What are damages in the context of nuisance?
Money compensation for harm caused by the nuisance.
Damages can be awarded for loss of enjoyment, decrease in land value, and damage to fixtures.
What distinguishes private nuisance from public nuisance?
Private nuisance focuses on damage to someone’s land, while public nuisance affects the comfort and convenience of a group of people.
Public nuisance does not require the claimant to have a specific interest in the land.
What is required for an individual to claim public nuisance?
The individual must suffer ‘special damage.’
Special damage refers to more serious harm than what the general public experiences.
What case illustrates the concept of special damage in public nuisance?
Tate & Lyle V Greater London Council (1983).
The court ruled that the dredging cost was special damage exceeding what the general public experienced.
What does Article 8 of the ECHR provide?
It protects the right to respect for private and family life.
This can introduce human rights law into private nuisance situations.
What was the outcome of Dennis V Ministry of Defense (2003)?
The owner was awarded damages for noise from military aircraft but not an injunction due to public interest.
This case combined breach of Article 8 and common law nuisance.
What did the case Marcic V Thames Water Utilities (2003) highlight?
Statutory authorities have flexibility in operations and existing remedies should replace private claims.
The case emphasized that too many claims under Article 8 could lead to large public liabilities.
What is the role of statutory authorities in nuisance cases?
They have specific legal duties that often replace private claims for nuisance or trespass.
Courts balance private rights with public interest, favoring statutory remedies.
