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AQA A-level Law > Nuisance P2 > Flashcards

Nuisance P2 Flashcards

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1
Q

What is a private nuisance

A

An unlawful interference for a substantial length of time with a person’s right to enjoy or use his land in a reasonable way

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2
Q

What 3 things must C show for a claim of private nuisance

A

1) The parties involved
2) There is an interference
3) The interference is sufficiently serious in all circumstances to be unlawful

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3
Q

What must C have in order to bring action against a nuisance

A

C must be someone with legal interest in the affected land

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4
Q

What did Hunter V Canary Wharf show - interference with Tv reception

A

To sue for private nuisance, C must have a legal interest in the affect land. Mrs H did now own the property and had no proprietary interest in it

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5
Q

What must D be/ have done in order to be established as a D under private nuisance

A

D is the creator of the nuisance or if he allows the tenant to continue his activities which are causing the nuisance

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6
Q

Which case showed that a local authority who permits an activity to take place on their land can be a D - go-kart track

A

Tetley V Chitty (1986)

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7
Q

What did the case of Cooking V Eacott show - estranged mother and barking dog

A

Whoever is in control of the premise can be sued for nuisance. Despite being estranged, the mother had sufficient control = D

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8
Q

What is the second thing to establish for private nuisance

A

The interference

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9
Q

What are the two types of interference under private nuisance

A

Physical damage
Loss of amenity

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10
Q

What is physical damage

A

Damage to land, plants, crops on or in the land
Damage to foundations cause by vibrations
Killing of flowers, oil smuts from refinery covering clothes on a washing line

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11
Q

What does physical damage not include under private nuisance and which tort should be pursued if it is involved

A

Private nuisance does not cover personal injury
If personal injury is involved then C should pursue a tort of negligence claim

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12
Q

What is Loss of amenity as an interference

A

Where c’s ability to enjoy his land is restricted by Ds activities
Excessive noise, unpleasant smells fumes preventing c from opening windows

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13
Q

Which interference takes more evidence to prove and why

A

Loss of amenity
Harder to prove the interference

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14
Q

What is the third thing to prove for private nuisance

A

Unlawfulness - is the interference unlawful

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15
Q

How many factors can be considered for unlawfulness of the interference and what is the acronym for them

A

6 Factors
Lesbians Don’t Do Sex Requiring Men

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16
Q

What is the first factor for unlawfulness and what does it mean

A

Locality
Some activities are more acceptable in certain areas - industrial zones than in residential areas

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17
Q

Which case involved a smell from landfill site affected local residents and granting a permit from waste management does not change the fact that Ds use of the land was not reasonable

A

Barr V Biffa (2012)

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18
Q

What did Coventry V Lawrence show - racetrack existing before residents

A

Courts presume that Ds activities are taken into account when permission is granted, but only to the extent to which they would cause a nuisance
If cannot be carried out without nuisance they are discontinued due to the character of locality

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19
Q

Which case shows that locality is irrelevant when physical damage is caused by the interference

A

St Helens smelting V Tipping

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20
Q

What is the second factor for interference and what does it mean

A

Duration
The more often something happens the more likely it is to be a nuisance, but in some cases a single event can amount to a nuisance

21
Q

Which case is used to show that a one off event can amount to a nuisance - firework display set fire to boat

A

Crown River Cruises V Kimbolton Fireworks

22
Q

What is the third factor for unlawful interference

A

Degree of interference
Depending on how serious the interference is can make it more or less likely to be a nuisance and it can depend on things like the time of day it occurs
If it is physical damage than small nuisances are actionable but if it is only loss of amenity the threshold is higher

23
Q

What did Murdoch V Glacier Metals show - noise at night from factory

A

Low-level noise is unlikely to be a nuisance if created by an industrial estate

24
Q

What is the 4th factor when considering unlawful interference and what does it mean

A

Sensitivity
If C is using his property for extra sensitive use he is not entitled to sue in circumstances where a reasonable use would not need protection

25
Q

Which case showed that the extra sensitive use (Tvs in the 1960s being rare) was not enough to claim for damage as ordinary using people did not suffer

A

Bridlington Relay V Yorkshire Electricity

26
Q

Why did the C win the case of Mckinnon V Walker - orchids

A

Extra sensitive use can be claimed for if ordinary use would also cause damage. Although orchid are sensitive, other plants and flowers died which were not sensitive so C could claim

27
Q

Which case changed the test of sensitivity to being reasonable foreseeability

A

Network Rail V Morris

28
Q

What is the 5th factor when considering unlawful interference and what does it mean

A

Reasons for D’s activity (social utility)
How useful to society it is for D to conduct his activities and if C just has to put up with it

29
Q

Which case is used for Reasons for Ds activity (social utility) - RAF jets

A

Dennis V MoD
It was important for the RAF to train pilots in that area, just unfortunate it was over their estate

30
Q

What is that last factor when considering unlawful interference and what does it mean

A

Motive
If D deliberately does something for no reason but to annoy C, out of malice, will make it unlawful

31
Q

Which case involved a neighbour deliberately making a nuisance in protest of piano lessons next door

A

Christie V Davey

32
Q

Which case involved a farmer deliberately firing a gun to make foxes miscarry to stop the breeding noises

A

Hollywood Silver fox farm V Emmertt

33
Q

What are the two defences to private nuisance

A

Statutory authority
Prescription

34
Q

What is the defence of Statutory authority

A

If D has been given authority by parliament to carry out his activities then it is not unlawful

35
Q

Which case involved an oil refinery causing local nuisance but it was authorised by parliament so it was not unlawful

A

Allen V Gulf Oil

36
Q

What did the case of Marcic V Thames water utilities show - sewage flooding house

A

Was a nuisance but C lost claim as the act by parliament required c to complain to the industry watchdog and use methods of ADR detailed there. Where statute provides a means of resolving disputes, then that must be following instead of bringing a claim for nuisance

37
Q

What is prescription as a defence to private nuisance

A

Ds activities become lawful as they have been carrying them out for at least the last 20 years - for the length of time he has been doing it without objection
The nuisance must have amounted for 20 years or longer

38
Q

What defence has been continuously turned down by courts for private nuisance

A

Consent - where C ‘comes to the nuisance’ is not a defence

39
Q

Which case shows that consent - ‘C comes to the nuisance’ is not a defence - Doctor moved next door to sweet maker

A

Sturges V Bridgeman

40
Q

What are the three types of remedies available from a claim of private nuisance

A

Injunction
Damages
Abatement

41
Q

What is an injunction as a remedy for private nuisance

A

An order to prohibit or stop Ds activities
Only available in trivial matters and not in ones where Ds activity is important to continue (social utility)

42
Q

In what case were damages awarded instead of an injunction as the court did not want to stop the traditional life of an English village - balancing conflicting interests

A

Miller V Jackson

43
Q

In what case were damages awarded and a partial injunction to limit Ds activities to certain times - powerboat club organised races

A

Kennaway V Thompson

44
Q

How are damages awarded to cases of physical damage

A

Awarded for consequential damage to the land, plants…

45
Q

How are damages awarded to cases of loss of amenity

A

Damages are equal to the loss in value of the land

46
Q

What do the damages need to be which was established by The Wagon Mound

A

Reasonably foreseeable

47
Q

What are some previous case examples where damages were awarded for loss of amenity

A

Hunter V Canary Wharf
Dennis V MoD

48
Q

What is the last remedy for private nuisance

A

Abatement

49
Q

What is abatement

A

A self-help remedy where C takes matters into his own hands but he must remember to act reasonably when doing so

AQA A-level Law (37 decks)

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