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Tort Law > Private Nuisance > Flashcards

Private Nuisance Flashcards

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1
Q

What is the definition for private nuisance?

A

‘An unlawful (unreasonable) interference with a person’s use or enjoyment of land coming from neighbouring land’

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2
Q

What was the nuisance in Sturges v Bridgeman?

A

Noise and vibrations

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3
Q

What was the nuisance in St Helens Smelting v Tipping?

A

Smoke and fumes

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4
Q

Bliss v Halls

A

Smells

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5
Q

Halsey v Esso Petroleum

A

Smells, physical damage and noise

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6
Q

What does Hunter v Canary Wharf say about a view?

A

Tower built, blocked TV reception. Can’t claim for view. Stops floodgates.

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7
Q

Robinson v Kilvert

A

Delicate brown paper dried out, claim failed as overly sensitive

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8
Q

McKinnon Industries v Walker

A

Sensitive orchids damaged by fumes. Liable as right to normal enjoyment infringed

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9
Q

What did the judge say in Sturges v Bridgeman?

A

A nuisance in ‘Belgrave Square’ would not be a nuisance in Bermondsey

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10
Q

What is the point of law in St Helens Smelting Co v Tipping?

A

Location is not a factor if there is physical damage

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11
Q

Murdock v Glacier Metal Co

A

Low droning noise stopped sleep. Failed as other residents had not complained

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12
Q

Gillingham BC v Medway

A

Planning permission granted for creation of a port. Change to nature of the area so no nuisance

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13
Q

Wheeler v Saunders

A

Pig farmer made new pig houses, created smells liable even though he had planning permission

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14
Q

De Keysers Royal Hotel v Spicer Bros

A

Injunction put in place to stop building work over night even though temporary

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15
Q

Crown river cruises v Kimbolton Fireworks

A

20 min fire work display could have amounted to a nuisance

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16
Q

Christie v Davey

A

Music teacher taught at house. D deliberately disturbed by banging trays on wall. Malicious so unreasonable

17
Q

Tethys v Chitty

A

Local authority who allowed go-karting on thier land where liable for nuisance

18
Q

What does Hunter v Canary Wharf state about who can claim?

A

Those who have a proprietary interest in the land. Rent or own

19
Q

What did Miller v Jackson prove about defences for private nuisance?

A

-Coming of the nuisance (we where here first) not a defence
-Public benefit not a defence (however they will take it into consideration)

20
Q

Coventry v Lawrence

A

Moved next to motor sports stadium was given damages.
In some circumstances damages are awarded

21
Q

Belles v Cement

A

Irelands only cement factory closed

22
Q

Kennaway v Thompson

A

Injunction to stop boat racing

23
Q

What are the three points that must be met to claim/sue under private nuisance?

A
  • interference
  • damage
  • unlawful/unreasonable
24
Q

What is a case that can be applied if there is malice?

A

Christie v Davey
The piano teacher

25
Q

Cases relating to interference ? (3)

A

Surges v Bridgman
Bliss v Hall
Hunter v Canary Wharf

26
Q

What cases relating to damage?

A

There aren’t any needed just need to prove causation and that it was foreseeable

27
Q

5 factors of unreasonableness?

A

Sensitivity
Locality
Locality/planning permission
Duration
Malice

28
Q

What cases relate to sensitivity? (2)

A

Robin v Kilvert
McKinnon v Walker

29
Q

What cases relate to locality? (3)

A

Sturgeon v Bridgeman
St Helens co v tipping
Murdock v Glacier Metal Co

30
Q

What cases relate to locality/planning permission? (2)

A

Gillingham BC v Medway
Wheeler v Saunders

31
Q

What cases relate to duration? (2)

A

De Keysers Royal Hotel v Spicer Bro’s
Crown River Cruises v Kimbolton Fireworks

32
Q

What are the four remedies for private nuisance?

A

Abatement
Damages
Prohibitory injustion
Mandatory injunction

33
Q

What is a prohibitory injunction?

A

Stops or limits actions

34
Q

What is a mandatory injunction?

A

Fix the problem within a certain time frame

Tort Law (6 decks)

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