Nuisance - Paper 2 Flashcards

1
Q

What is the definition of private nuisance?

A

The unlawful, or unreasonable, interference with a person’s use or enjoyment of land

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2
Q

What was Lord Goff’s quote in Cambridge Water

A

The fact that D has taken all reasonable care will not exonerate him

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3
Q

What was the decision in Hunter v Canary Wharf?

A

C must demonstrate an appropriate legal interest in the land

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4
Q

What are the three factors to consider for nuisance?

A

Location, duration, and motive and malice of D

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5
Q

What is the key location case?

A

Leeman v Montague

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6
Q

What are the types of location and levels of reasonableness?

A

Industrial, business, commercial areas involve more noise, whereas residential, rural, countryside areas involve less noise

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7
Q

What was the ruling in St Helens Smelting v Tipping?

A

If the nuisance causes physical damage to C’s land, the issue of location is irrelevant

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8
Q

Why is duration important in a nuisance claim?

A

The more long lasting an interference, the more likely it is to be a nuisance (Cunard v Antifyre)

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9
Q

What was the decision in De Keyser’s Royal Hotel?

A

Even if an interference is short in duration, it could still be unreasonable because of the time of day

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10
Q

What was the decision in Crown River Cruises v Kimbolton?

A

An interference which is short in duration may still be a nuisance if it causes damage to land

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11
Q

What is the meaning of motive and malice of D?

A

If the activity of D is motivated by malice, it is likely to be unreasonable (Christie v Davey)

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12
Q

What does the law say regarding interference with C’s recreational activities?

A

Claims where the interference is with a recreational activity will usually fail (Hunter v Canary Wharf)

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13
Q

What is statutory authority?

A

It is used as a defence where an Act of Parliament gives permission for the nuisance (Allen v Gulf Oil)

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14
Q

Explain the defence of planning permission?

A

Character of the neighbourhood has changed and therefore the interference is now unreasonable (Gillingham Council v Medway)

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15
Q

Explain the prescription defence

A

C has tolerated the nuisance for a substantial amount of time, at least 20 years

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