NUISANCE

Question 1

What is the purpose of the tort of private nuisance?

Answer 1

Designed to protect land vs direct interference

Question 2

What are some examples of actionable damage?

Answer 2

Noise, dust, smell
Physical damage
Encroachment onto a neighbours land

Question 3

What are the steps in the reasonableness test for private nuisance?

Answer 3

Nature of locality
Duration of nuisace
Utility
Abnormal sensitivity?
Malice (Christie v Davey)

Question 4

What must the claimant have in order to bring a claim in private nuisance?

Answer 4

An interest in the land.

Question 5

If a person did not create the nuisance themselves, can they still be sued?

Answer 5

Yes, Sedleigh-Denfield v O’Callaghan

Question 6

Can landlords be liable for their tennants actions?

Answer 6

Yes if they authorised the nuisance

Question 7

What are the three defences to private nuisance?

Answer 7

Statutory authority
20 year prescription
Act of nature/stranger

Question 8

What remedies are available for private nuisance?

Answer 8

Damages
Injunctions
Damages in leiu of injunction

Question 9

What is public nuisance?

Answer 9

Creating, adapting or continuing an act which interferes with a public right.

Question 10

Can you claim for personal injury with public nuisance?

Answer 10

Yaas

Question 11

What happened in Rylands v Fletcher?

Answer 11

Built reservoir, flooded neighbours colliery, F succ claimed for damages from R

Question 12

What criteria did the ruling of Rylands v Fletcher establish?

Answer 12

D must being onto land something dangerous and likely to cause mischief if it escapes

Escape- escapes to a place outside of D’s control

Non-natural use of land

Question 13

What is the main defence?

Answer 13

Statutory authority- no action if escape occurs from act of god/3rd party (perry v kendrick’s transport)

This must have been unforseeable

Question 14

What remedies are available?

Answer 14

Injunctions not well suited as escape has already occurred.

Damages most common