Nuisance

Question 1

What must you prove to succeed in an action of private nuisance?

Answer 1

1. existence of a nuisance
2. nuisance was unreasonable
3. damage was caused by the nuisance

Question 2

What are the defences to private nuisance?

Answer 2

•interference suffered is trivial, not substantial • interference was not unreasonable given the circumstances • the plaintiff did not suffer any damages •legislation already exists authorising the activity causing the nuisance

Question 3

What can a d NOT argue as a defence for private nuisance?

Answer 3

That the P. knew what they were signing up for

Question 4

What is private nuisance?

Answer 4

interference with an occupier’s enjoyment of their land

• can be physical - people or objects •can be noise, smell, smoke or dust

Question 5

what is the main aim of public nuisance?

Answer 5

• to protect the general public from unwarranted disturbances

Question 6

What must p show in order to prove public nuisance?

Answer 6

That they are more affected than other members of the public

Question 7

Are public nuisance cases common?

Answer 7

No, they’re generally criminal cases now

Question 8

Why are public nuisances usually pursued as criminal cases?

Answer 8

•the act of public nuisance normally involves a breech of legislation - commonly prosecuted by the crown on behalf of the community

Question 9

List some examples of public nuisance turned criminal case

Answer 9

•actions that endanger the lives, safety, health and comfort of members of the public in enjoying the use of highways, parks and waterways