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Tort Law exam question prep > Private Nuisance > Flashcards

Private Nuisance Flashcards

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1
Q

What are the 6 basic elements of AO1 private nuisance?

A

-Intro
-C and D
-Indirect interference
-Unlawful use of the land
-Defences
-Remedies

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2
Q

What one sentence should the intro be?

A

Private Nuisance is an unlawful interference with a persons use and enjoyment of land coming from neighbouring land

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3
Q

Claimant and Defendant is two paragraphs for each. What is the Claimant paragraph?

A

-This is the person who has their use and enjoyment of the land interfered with. Hunter V Canary Wharf - Only those with an interest in the land can claim, tenants or owners.

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4
Q

Claimant and Defendant is one paragraph for each. What is the Defendant paragraph?

A

This can be someone who is allowing the nuisance, causing it, adopted nuisance from a previous owner or natural causes on their land which they are aware of. (Tetley V Chitty), (Sedleigh)

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5
Q

What is the principle of Tetley v Chitty?

A

Local authority was liable for a go kart company using council land

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6
Q

What is the principle of Sedleigh?

A

Occupier will be liable if they know of the danger and allow it to continue

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7
Q

What 3 points are in indirect interference?

A

-It must be proven the D’s actions have resulted in an indirect interference with the claimants use and enjoyment of the land
-Hunter v Canary Wharf - Loss of recreational facilities is not sufficient
-Laws v Florinplace Ltd - Injunction against sex shop permitted as offended neighbours and constituted interference

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8
Q

What sentence should be used to introduce the 6 unreasonable uses of land?

A

A mere interference on its own is not enough, it must also be shown that the D’s activities amount to an unlawful use of land

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9
Q

What are the 6 factors towards unreasonable use of land?

A

-Locality
-Duration of the Interference
-Sensitivity of the Claimant
-Malice
-Public Benefit
-The Human Rights Act 1998

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10
Q

How should the 6 factors be described?

A

List all 6, though only describe the 2 or 3 which apply to the scenario

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11
Q

Describe Locality

A

The courts will consider the characteristics of the neighbourhood. (Sturges v Bridgeman) What would be a nuisance in Belgrave Square would not be in Bermondsey

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12
Q

Describe Duration

A

The nuisance must be continuous and at unacceptable hours. (Spicer v Smee) The fire was a continuous state of affairs and was considered a nuisance

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13
Q

Describe Sensitivity of the C

A

If the C is particularly sensitive they will not be able to claim. (Network rail infrastructure V Morris) The amplified electric guitars were sensitive so the interference wasn’t foreseeable

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14
Q

Describe Malice

A

If the D acts out of hostility, spite or malice this will contribute towards their liability. (Hollywood Silver Fox v Emmett) The shot gun was not unreasonable however because it was done out of malice it could be unreasonable

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15
Q

Describe Social Benefit

A

If there is a benefit to society the courts will not normally find it unreasonable

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16
Q

Describe Human Rights Act 1998

A

The courts will consider article 8 and the right to a private life

17
Q

What are the two defences and what is the one case that applies in both?

A

-There is a defence if the D has carried out the activity for 20+ years without complaint from the claimant (Coventry v Lawrence)
-Coming to the nuisance, if the D has carried out the activity for 20+ years but the C hasn’t lived there the entire time, they have come to the nuisance and this is not a defence. (Coventry v Lawrence)

18
Q

What are the two possible remedies

A

-Injunction
-Compensatory damages

19
Q

When will damages be likely awarded?

A

When it involves an activity that is a social/public benefit then the courts will most likely award damages and not an injunction (Millar and Jackson)

20
Q

What is the AO2 broken into?

A

-C and D
-Indirect interference
-Unreasonable
-Defences (only relevant)
-Remedies

21
Q

What is the C and D in Ao2?

A

-The C is… (explain if they own or rent the land)
-The D is (explain which type of defendant they are)

22
Q

What are the three possible types of defendant?

A

-A person allowing the nuisance(occupier)
-A person causing the nuisance(tenant)
-Person causing the nuisance(tenant/owners family)

23
Q

What two points is an indirect interference ao2?

A

-Here the indirect interference is…
-This interferes with the C’s use and enjoyment of their land because…

24
Q

What is an example of ao2 indirect interference…

A

-Here the indirect interference is the noise caused by the factory
-This interferes with the C’s use and enjoyment of their land because they can’t sleep

25
Q

How would you apply Locality?

A

Residential, part residential or commercial - is it reasonable for the type of area?

26
Q

How would you apply duration?

A

How long does the nuisance last, is it recurring, continuous, or at an unreasonable time of day?

27
Q

How would you apply sensitivity of the C?

A

What aspect makes the C sensitive (this makes the behaviour not unreasonable)

28
Q

How would you apply Malice?

A

Is the D acting out of malice, why? (if yes unreasonable)

29
Q

How would you apply social benefit?

A

Explain why the behaviour might be a social benefit (this makes behaviour reasonable)

30
Q

How would you apply Human Rights Act 1998?

A

This is unreasonable if it interferes with human rights - explain which right it interferes with

31
Q

What statement would you end the “unreasonable factors” section of ao2 with?

A

Therefore the D’s behaviour could be considered reasonable/unreasonable because…

32
Q

What 3 defences could you apply (only apply relevant ones if there is any)?

A

-Prescription
-Coming to the nuisance
-Statutory authority

33
Q

How would you apply the defence of Prescription?

A

-Why has this activity been happening for 20 years and how has the C not complained before

34
Q

How would apply the defence of coming to the nuisance?

A

-Why has the C not lived next to the nuisance for 20+ years, state that coming to the nuisance not a defence but can justify compensation as a remedy

35
Q

How would you apply the defence of statutory authority?

A

Explain what the planning permission allows, does this cover the D’s activity?

36
Q

What would the remedies section of AO2 be?

A

If the claim is successful what would the most appropriate remedy be and why (injunction or damages)

37
Q

What do you need to remember to add after remedies ao2?

A

A conclusion

38
Q

If there was more than one application, how would you structure ao2?

A

Complete C and D, then apply separately starting from the indirect interference

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