Private Nuisance

Question 1

Define private nuisance

Answer 1

An interference with a persons enjoyment and use of their land

Question 2

What are the three requirements for a private nuisance

Answer 2

C must have an interest in the land - Malone and Laskey

There must be an unreasonable use of the land

C must suffer some harm - must be able to show there is some damage, harm injury, or inconvinence

Question 3

Of the second element ‘unreasonable use to the land’ what are the seven factors?

Answer 3

Sensitivity of the C

Duration and time of the nuisance

Character of the area

Utility of the D’s conduct

Reasonable foreseeability of the type of damages

Any malice on the part of the D

Question 4

Expand on ‘Sensitivity of the C’

Answer 4

D will not be liable where C or his business were abnormally sensitive and an ordinary user would not have been harmed
Robinson v Kilvert

Question 5

Expand on ‘Duration and time of the nuisance’

Answer 5

A private nuisance is more likely to occur at night when people are trying to sleep, usually as private nuisance covers a continuing state of affairs but it can be a one off event sometimes such as in

Halsey v Esso Petroleum

Question 6

Expand on ‘Character of the area’

Answer 6

The character of the neighbour will affect whether something is or is not a nuisance.
A person in an industrial estate must expect more noise and smells than someone in a residential area

Sturges v Bridgmen

Question 7

Expand on ‘Utility of the D’s conduct’

Answer 7

Does the use (utility) of the D’s actions outweigh the nuisance? (Miller v Jackson)

Question 8

Expand on ‘Reasonable foreseeability of the type of damages’

Answer 8

Reasonably foreseeable for the D that their actions will cause a nuisance

Wagon Mound (No 1)

Question 9

What are the two defences to Private Nuisance?

Answer 9

Statutory Authority
Prescription

Question 10

Expand on ‘Any malice on the part of the D’

Answer 10

Concerns if the nuisance is done out of spite or not. I

Question 11

Explain the defence of Statutory Authority

Answer 11

it is a defence to private nuisance if the C can show that his conduct was authorised by law.

E.G planes flying over your house

Question 12

Explain the defence of Prescription

Answer 12

Claim by D that they have acquired the right to act in a particular way because tghey have done so for 20 year without complaint.

Sturges v Bridgmen

Question 13

What are the three remedies to private nuisance

Answer 13

Damages (compensation)
Abetment
Injunction - usually used for nuisance since it stops the nuisance