Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Tort LAW > Private Nuisance > Flashcards

Private Nuisance Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Private Nuisance- governed by

A

Common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Claimant- the claimant is someone with an equitable interest in the land, this can be due to an equitable interest as its owner or has exclusive possession (tenant)

A

Hunter v Canary Wharf

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Claimant- family members and friends are unable to claim unless they also have equitable interest or exclusive possession

A

Malone v Laskey , hunter v Canary Wharf

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Defendant- the defendant is the person who causes the nuisance

A

Bybrook Barn

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Defendant- the creator of the nuisance does not need to have any equitable interest or exclusive possession of the land

A

Esso Petroleum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Defendant- third party can be held accountable for authorising the nuisance

A

Tetley v chitty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Defendant- the D is not liable for a nuisance on their land by a trespasser unless they adopt or continue it

A

O’callaghan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Defendant- D can be liable if the nuisance is the result of natural causes which they are aware of and fail to deal with it

A

Leakey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Actionable interferences- flooding

A

O’Callaghan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Actionable interferences- natural accidents

A

Leakey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Actionable interferences- cliff subsidence

A

Scarborough BC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Actionable interferences- smells

A

Wheeler v Saunders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Actionable interferences- noise, heat, vibrations and artificial light

A

Halsey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Actionable interferences- ball hit out of play area

A

Miller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Actionable interferences- physical damage

A

St Helen’s Smelting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Actionable interferences- brothel lowering the tone of an area and house values

A

Costaki

17
Q

Actionable interferences- noisy neighbours

A

Lawrence

18
Q

Actionable interferences- overlooking when the Ds land is used in an abnormal and unusual way

A

Modern Tate Gallery

19
Q

Actionable interferences- emotional distress

A

Laws v Florinplace Ltd

20
Q

Non-actionable interferences- television reception, light, right to a view

A

Hunter v Canary Wharf

21
Q

Unreasonable interference- Duration of the interference: a temporary and occasional interference is a reasonable interference

A

Swain

22
Q

Unreasonable interference- Duration of the interference: a temporary interference that causes physical damage is an unreasonable interference

A

Crown River Cruises Ltd

23
Q

Unreasonable interference- Duration of the interference: interferences that occur during an unacceptable time during the day is an unreasonable interference

A

Halsey

24
Q

Unreasonable interference- sensitivity of the claimant:

A

Tort LAW (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions