Nuisance- Defences and remedies Flashcards

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1
Q

There are 5 defences for negligence

A

Statutory authority - ALLEN V GULF OIL

Planning permission- GILLINGHAM COUNCIL V MEDWAY

Prescription - (no case)

Volenti-non-fit-injuria - (not case)

Contributory negligence - Law reform act of 1945

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2
Q

Statutory authority

A

Where an act of parliament gives permission for the nuisance , it will not be a nuisance
ALLEN V GULF OIL

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3
Q

Planning permission

A

Could mean that the character of the neighborhood has changed from residential to commercial and therefore more interference is reasonable
GILLINGHAM COUNCIL V MEDWAY

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4
Q

Prescription

A

If the C tolerates the nuisance for the substantial amount of time without complaint (20 years)

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5
Q

Volenti - non - fit - injuria

A

Where the C expressly or impliedly consents to the nuisance

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6
Q

Contributory negligence

A

C’s damage are reduced according to their own responsibility for the damage

LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT 1945

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7
Q

REMEDIES

A

Compensatory Damages- (no case)

Abatement - (no case)

Injunctions - MILLER V JACKSON

Partial injunctions : KENNAWAY V TOMPSON

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8
Q

Compensatory Damages-

A

Compensation may be awarded where the damage done by the nuisance is quantifiable
Damages for past loss and inconvenience may also be awarded

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9
Q

Abatement-

A

C is entitled to take steps to alleviate the nuisance
E.g cutting down branches of a tree that intrudes on their property

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10
Q

Injunctions

A

MILLER V JACKSON
An equitable remedy
Forced the D to act or to stop the D doing something. Awarded if it’s fair, just and possible)

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11
Q

Partial injections

A

KENNAWAY V THOMPSON
partial injunctions can be tailored to meet the exact circumstances of the case

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