Nusiance

Question 1

What is the definition of nuisance?

Answer 1

An indirect unreasonable interference with the claimants enjoyment or use of their land

Question 2

Who is the claimant?

Answer 2

Anyone with proprietary interest (hunter v Canary Wharf)

Question 3

Who is the occupier?

Answer 3

Anyone who causes, adopts or allows the nuisance to occur (tetley v chitty)

Question 4

What is an indirect interference?

Answer 4

Something omitted from the defendants land onto the claimants such as loud noises

Question 5

What is a prima facie nuisance?

Answer 5

Property damage which will mean the judges will not consider the factors

Question 6

What are the factors to nuisance?

Answer 6

Malice, timing and duration (Bolton v stone) , location (Coventry), sensitivity of the claimant (Kent), seriousness of interference (Halsey)

Question 7

What is the rule with foreseeability?

Answer 7

If the nuisance is reasonably foreseeable, then the defendant will be liable (wagon mound)

Question 8

What are defences?

Answer 8

Prescription, which is interference for longer than 20 years (sturges), statutory authority which is the activity is regulated by laws (Allen), local authority planning permission (Coventry), act of a stranger, volenti

Question 9

What are remedies?

Answer 9

Compensation, injunction or abatement