Private and Public Nuisance Flashcards
What is the definition of Public Nuisance?
Defined as where a group of people is affected by the use of land in the locality.
What are the requirements for public nuisance claim?
- Class of people
- Special damage
Public Nuisance: Class of people?
Nuisance will more than likely affect more than 2 or 3 people. However, there’s no limit on the minimum.
Public Nuisance: Special Damage?
The person needs to show they have suffered special damage over and above the rest.
What can a claimant claim for in public nuisance?
Personal injury (this can include damages to goods)
What are examples of public nuisance?
- Obstruction to a highway
- Picket Line
What are defences for public nuisance?
- Consent
- Contributory Negligence
What are remedies for public nuisance?
- Injunction
- Damages
What is private nuisance?
This is where a persons use or enjoyment of their property is affected by the unreasonable behaviour of a neighbour.
Who can and can’t be the claimant in a private nuisance case?
Can be either the owner, tenant, or whoever has responsibility for the land. A child of the owners family cannot be a claimant - despite having legal interest.
Private Nuisance: D’s failure to act?
- D can be liable if the nuisance is the result of natural causes which he/she is aware of but fails to act.
- D is aware of it but doesn’t act on it.
What are the elements/main AO1 of private nuisance?
- Unlawful
- Indirect interference
- Factors of reasonableness
Private Nuisance: Unlawful
The tort must be unlawful (not meaning illegal). Unlawful in the sense where the court determines the use of the land as unreasonable.
Private Nuisance: Indirect Interference?
If the interference is obvious and direct (e.g. noise, smell) then D can be liable. If however its indirect (e.g. obstructed view, tv reception affected) then this is not liable.
What is factors of reasonableness?
Factors the courts take into account to decide whether the use of land by the defendant is unreasonable.
What are the factors of unreasonableness?
- Locality (What sort of area is it? Residential, industrial…)
- Duration of interference (One-off party? Regular?)
- Sensitivity of claimant
- Malice (Was it spiteful?)
- Social Benefit
What are defences of private nuisance?
- Prescription
- Moving to the nuisance
- Statutory Authority permission
Private Nuisance: What is prescription defence?
If the action has been carried on for at least 20yrs with no complaints at the time, D may be able to use this as a defence.
What are private nuisance remedies?
- Injunction
- Damages if decided in Shelfer Test
