Nuisance and escape of dangerous things Flashcards
1
Q
2 types of private nuisance
A
- Loss of amenity
- material damadge nuisance
2
Q
Monks case
Sedleigh Denfield v O’Callaghan
A
Local authority laid pipes where the monks didnt know, pipe became blocked and land became flooded, Ds liable as once they had knowledge of the danger they are liable even if they hadnt made the danger themselves/
3
Q
Factors of reasonableness
A
- Malice
- Nature of the area
- social benefit
- Sensetivity of the claimant
Duraton/repeats
4
Q
A
5
Q
P S
Defences
A
Prescription
Statutory authority
6
Q
Moving to the nuisance
A
D may argue this point but it is not a defence
7
Q
Social benefit
A
if an activity has a social benefit eg cricket club some things may not be allowed if the social benfit of the activity outweighs the private loss e.g. Miller v Jackson
8
Q
A
