nuisance Flashcards
what is the definition of nuisance ?
This is “an unlawful interference with a person’s use or enjoyment of land, or of some right over, or in connection with it”
who can be a potential claimant in private nuisance ?
potential claimants can be anyone who has the use or enjoyment of the land by right, and is affected by the interference.
what was the traditional view of parties and how has it extended ?
Traditionally the view was that only those with a proprietary interest in the land could sue in an action for private nuisance.
This right has now been extended to give occupiers and in some cases family members (as in Hanrahan) who have been affected by the nuisance, the right to bring the action.
It is unlikely therefore that someone who is merely on the land at the time of the nuisance could bring an action
when will someone be sued under private nuisance ?
To be sued under private nuisance, the defendant must be the creator of the nuisance, an occupier who has authorised the nuisance, or an occupier who has adopted the nuisance and once aware of it, has done nothing to stop it even if such nuisances were created by predecessors in title, trespassers or third parties.
how was the interference described in Patterson v Murphy
This interference was described in Patterson v Murphy , as “ a personal inconvenience and interference with one’s enjoyment, one’s quiet, one’s personal freedom, anything that discomposes or injuriously affects the senses or the nerves
what was stated in the case of Sedleigh-Denfield V O’Callaghan ?
In Sedleigh-Denfield V O’Callaghan, it was stated that “a balance has to be maintained between the right of the occupier to do what he likes with his land, while the right of the neighbour is not interfered with.”
when will interference become a nuisance ?
Interference will only become a nuisance if it is substantial.
what was the case of O’kane v Campbell ?
O’kane v Campbell running a 24 hour shop was deemed unreasonable in a residential area.
what were the case of Christy V Davey?
a woman purposely disturbed a music teacher in reaction to his long teaching hours
describe the utility of a defendants conduct
The greater the utility of the defendant’s conduct the less likely the courts are to prohibit it.
what is the most significant factor in determining a nuisance action ?
The most significant factor in determining a nuisance action is the level of intrusion caused to the plaintiff .
what are the facts of O’kane v Campbell ?
the residents were unable to sleep at night peacefully due to the ongoing shouting, revving of car engines, the banging of car doors, the playing of radios in the and other excessive noise caused by customers of M.C. late at night.
what must the plaintiff be able to demonstrate ?
The plaintiff must be able to demonstrate a causal connection between the conduct for which the defendant is responsible and the damage or interference suffered , in order to obtain a remedy. It must also be proven that the nuisance caused the interference.
what is an injunction ?
An injunction is an order of the court directing a person to refrain from doing or continuing an act or ordering them to carry out a remedial action.
what are the two types of injunctions and describe them ?
A mandatory injunction orders D to do something. This is rare, as it is usually the case that C wants to stop D doing something.
The second type is a prohibitory injunction, ordering D not to do something. This is common
what was the remedy in the case of christy v Davey ?
in Christy V Davey, D was ordered to stop disturbing her neighbour.
what was the remedy in the case of Kennaway V Thompson
in Kennaway V Thompson, a prohibitory injunction limited the frequency and noise of the racing.
what kind of remedy is an injunction ?
Injunctions are an equitable remedy, awarded by the court as they see fit.
when will the courts not permit an action ?
The courts will not permit an action in respect of trivial inconvenience or irritation , but the division between what may and may not be complained of is not easily drawn.
how can the distinction be drawn between what is a trivial inconvenience or irritation and what isn’t ?
The intensity , duration and frequency of intrusion are the main factors to consider in drawing this distinction.
describe duration
The duration of the interference will also be examined. The interference has to be on-going. The less frequent the interference, the less likely that it is unlawful.
when may a landlord be liable for nuisance ?
A landlord may be liable for nuisances emanating from land, eg if the landlord had knowledge of the nuisance before letting, or where the landlord reserved the right to enter and repair the premises.
