NUISANCE P1-SB Flashcards
Definition of Nuisance
Private Nuisance is an indirect unreasonable interference with the claimants enjoyment or use of their land
Define claimant + case
Claimant is the people/person who have a proprietary interest in their land
(Hunter V Canary Warf)
Define defendant + case
The defendant will be anyone who causes, adopts or creates a nuisance
(Tetley v Chitty)
What is an indirect interference? + examples
Something that has been emitted from the D’s land onto C’s , it must be a non physical intrusion.
EXAMPLES:
Fumes drifting from a neighbouring land (Bliss V Hall)
Smut from factory chimneys (Halsey V Esso Petroleum)
What is locality? + case
Locality is what is considered a nuisance in one area might not be in another area
(Laws V Florin place)
What is timing and duration of interference? + case
The interference should be a continuous event not a one off event
One off event can be a actionable nuisance if its at a unreasonable times. (Bolton V Stone)
What is seriousness of the interference? + case
There must be a balance between what is a case of mere discomfort and and inconvenience and actual damage. The court will consider what is reasonable
(Halsey V Esso Petroleum)
What is sensitivity of the claimant? + case
The c cannot use their land in a way that is hypersensitive and then complain of damage caused by the D’S normal and reasonable activities (Robinson V Kent)
Explain Malice + case
Deliberately mean or harmful acts or acts of revenge will be seen as unreasonable and likely to cause a nuisance
(Christie V Davey)
What is foreseeability? + case
Foreseeability asks whether a person could or should reasonable have foreseen the harms that resulted from their actions
(Wagon Mound)
What is Prima Facie?
Where a indirect and unreasonable interference causes some kind of physical damage
DEFENCE: Prescription + case
Where an indirect interference has continued for at least twenty years and there has been no complaint than the D has the right to continue
(Sturges V Bridgeman)
DEFENCE: Statutory Authority + case
If an activity is regulated or licensed by environment or other laws then this will provide an effective defence
( Allen V Gulf oil)
DEFENCE: Local Authority Planning Permission + case
Permission from the LA can sometimes be a defence but this must change the character of the land
(Coventry V Lawrence)
DEFENCE: Act Of Stranger + case
A trespasser who D has no control over or who caused the escape
(Perry V Kendrick Transport)
DEFENCE: Volenti Non Fit Injuria
Volenti is a complete defence that if c consents to harm/negligence, then c cannot claim for it.
DEFENCE: Public policy
Important but it is not strictly a defence courts have had to take a more flexible approach.
DAMAGES: Injunction
A court order requiring the D to stop or limit the nuisance from occurring. An injunction may be combined with damages where a loss has occurred .
DAMAGES: Abatement
May involve entering a defendants premises in order to prevent further nuisance i.e. C might enter D’s land to chop overhanging branches although they would need to be returned to the defendant.
