private nuisance

Question 1

definition

Answer 1

the unlawful interference with a persons use or enjoyment of land

Question 2

appropriate legal interest

Answer 2

hunter v canary wharf - c nust demonstrate an appropriate legal interest in the land affected

Question 3

strict liability

Answer 3

the fact that D took reasonable care to prevent the nuisance is irrelevant, they can still be held responsible - cambridge water

Question 4

3 key factors of private nuisance

Answer 4

1. locality
2. duration
3. motive and malice

Question 5

industrial area

Answer 5

leeman v montague - in an industrial area, fumes, noise and interference is less likely to be a nuisance

Question 6

side rule no1

Answer 6

damage to Cs land - St Helens smelting v tipping - location may be keds important if actual damage to Cs land has been done

Question 7

side rule no1

Answer 7

damage to Cs land - St Helens smelting v tipping - location may be keds important if actual damage to Cs land has been done

Question 8

duration

Answer 8

cunard v antifyre - the more long lasting the interference, the more likely it will br unreasonable and therefore a private nuisance

Question 9

private nuisance at night

Answer 9

de keysers royal hotel - if the pn is at night, then the interference is more likely to be unreasonable

Question 10

side rule no2

Answer 10

crown river cruises v kimbolton - if the interference is short in duration but causes physical damage, this is likely to be a private nuisance

Question 11

motive and malice of the D

Answer 11

christie v davey - if Ds activity is motivated by malice then the courts are more likely to hold that such activity is unlawful

Question 12

side rule no3

Answer 12

hunter v canary wharf - interference with the claimant’s recreational activities, there us no nuisance where the lawful use of someones property disrupts their neighbours television signal

Question 13

defence no1 for pn

Answer 13

statutory authority- allen v gulf oil - where an act of parliament gives permission for the nuisance, it will not bea nuisance

Question 14

defence no2 for pn

Answer 14

planning permission- gillingham council v medway - the neighbourhood had changed from residential to commercial and therefore more interference is reasonable

Question 15

defence no3 for pn

Answer 15

prescription - if the claimant tolerates the nuisance for a substantial amount of time without complaint (20years)

Question 16

defence no4 for pn

Answer 16

volenti-non-fit-injuria - the C expressly or impliedly consents to the nuisance

Question 17

defence no5 for pn

Answer 17

contributory negligence- the law reform act 19

Question 18

remedy no1 for pn

Answer 18

compensatory damages

Question 19

remedy no2 for pn

Answer 19

abatement - C is entitled to alleviate the nuisance

Question 20

remedy no3 for pn

Answer 20

injunctions - miller v jackson + kennaway v thompson - equitable remedy, tailor to exact circumstances