Nuisance

Question 1

What is nuisance?

Answer 1

Law of neighbourhood
Deals with ‘annoyances’- interference with the comfortable enjoyment of property – amenity harm – normally arising from ongoing states of affairs-but can also cover physical damage to heritage
Can provide remedies in circumstances where negligence wouldn’t
Primary remedy is interdict: Need to establish nuisance
Damages also available: Need to establish culpa

Question 2

Interdict?

Answer 2

Plus quam tolerabile test applied
Harm must be material
Interdicts may be framed so as to allow the continuation of the activity complained of, but not in such a way as to establish nuisance.
Where there is an overriding public interest in the continuation of an activity the operation of the interdict may be suspended to allow remedial measures to be taken.

Question 3

Damages

Answer 3

Applicability of plus quam tolerabile requirement clear in theory but not practise
Culpa must be established
Relevant form of culpa in nuisance is intention “a deliberate act done in the knowledge that harm would be the likely result”
Knowledge may be constructive
It remains difficult to separate nuisance entirely from negligence.