Private Nuisance Flashcards
What did Winfield and Jolowicz say on the tort of nuisance?
The unlawful interference with a persons use or enjoyment of land or some right over the land or in connection with it
What must the claimant have in the land?
A proprietary interest (money, i.e. own, rent)
What case shows the claimant must have a proprietary interest?
Malone v Laskey
What three things can the defendant be?
The owner or occupier of the land, or the creator of the nuisance
What case showed the creator of the nuisance was liable under the tort?
Southport Corp. v Esso Petroleum Ltd.
True or False, the occupier of the land will still be liable where they knew of the consequences, even if they did not create the nuisance
True
What case showed the occupier was liable?
Sedleigh-Denfield v O’Callaghan
When will the owner of the land be liable?
Where nuisance existed prior and the owner knew, where the landlord is said to authorise the tenant to create nuisance or where they have rented it but maintain the rights to enter for repairs
What case shows the owner of the land could be the defendant?
Tetley v Chitty
What is meant by an indirect interference?
Must not be a direct behaviour like in trespass, D does not have to go onto Cs land, includes things like smoke, noise and water
What 4 factors could be considered when deciding if the interference was unreasonable?
Duration, sensitivity, location and malice of the defendant
What case shows us that the duration of nuisance led to it being unreasonable?
Crown River Cruises Ltd.
What is meant by sensitivity?
An act will not be nuisance where it would not disturb an ordinary person because the claimant or their property is sensitive, unless it also infringes on ordinary property or right of enjoyment
What case can be used to show sensitivity?
Robinson v Kilvert
What case can be used to show location as a contributing factor to an unreasonable interference?
Leeman v Montague
What is meant by the malice of the defendant?
Where the D has a bad motive and may purposely do an act to cause interference
What case shows the malice of the defendant?
Christie v Davey
What is meant by damage must be foreseeable?
It must not be too remote, D is not liable if he could not reasonably foresee the damage
What case shows that damage was not foreseeable?
Lamb v Camden LBC
What three defences can be used?
Volenti non fit injuria, prescription, statutory authority
What is meant by prescription?
If the nuisance has been occurring for longer than 20 years without complaint from the C then the claim will fail
What is meant by statutory authority and what case shows this?
Allen v Gulf Oil Refining, if D has been authorised by an act of parliament to perform the activity causing the nuisance, they will not be liable
