Nuisance ( tort)

Question 1

What is the quote for it

Answer 1

An unlawful ( unreasonable) interference with a persons use or enjoyment of land coming from neighbouring land

Question 2

What are the three elements that need to be proven

Answer 2

Interference, damage , unlawful

Question 3

What can interference be

Answer 3

Often indirect like noise , smells and physical damage

Question 4

Sturges v bridgeman (interference)

Answer 4

Noises and vibrations

Question 5

St. Helens smelting v tipping

Answer 5

Smoke and fumes

Question 6

Bliss v halls ( interference)

Answer 6

Smells

Question 7

Halsey v esso petroleum(interference)

Answer 7

Smells and physical damage from oil deppo

Question 8

Hunter v Canary Wharf ( interference)

Answer 8

Tower built in London and hundreds had TV reception issue, tool a common sense approach and claim failed because it would open floodgates

Question 9

What is Damage

Answer 9

Claimant must prove causation and that damage was reasonably foreseeable

Question 10

What is unreasoñableness

Answer 10

Judge will consider live and let live, if it’s a one time occurrence like a a baby crying

Question 11

What is sensitivity

Answer 11

Defendant is not responsible for damage solely due to the claimant being abnormally sensetive

Question 12

Robinson v kilvert

Answer 12

Delicate brown paper dried out, claim failed as overly sensitive

Question 13

McKinnon industries v Walker

Answer 13

Claimants sensitive orchids were damaged by fumes and gas, held liable , enjoyment has been infringe

Question 14

What is locality

Answer 14

Área of interference can be important , depends on the setting

Question 15

Stuffed v bridgeman ( locality)

Answer 15

What may be a nuisance In belgrave square won’t be one in Bermondsey

Question 16

St. Helens smelting co v tipping ( locality)

Answer 16

Area is not a factor if there is physical damage

Question 17

Locality and planning permission

Answer 17

Only needed if planning permission is involved

Question 18

Gillingham BC v Medway

Answer 18

Planning permission was granted to create a commercial port, chAnged the nature of the area so no nuisance

Question 19

What is duration

Answer 19

A regular or continuous activity which is likely to be a nuisance

Question 20

De keyser royal hotel v spicer bro’s

Answer 20

An injunction granted to stop building work taking place at night despite it being temporary

Question 21

Crown river cruises v kimbolton fireworks

Answer 21

20 min firework display can constitute to a nuisance

Question 22

What is malice

Answer 22

Bad motive, turn a reasonable act into a reasonable one