private nuisance Flashcards
1
Q
what is the definition of private nuisance
A
interfering with a persons enjoyment with ones land
2
Q
what are the 3 elements to private nuisance
A
- claimant must have an interest in the land
- must be unreasonable use of the land which s the source of the nuisance
- claimant must suffer some harm
3
Q
claimant must have interest in the land + case
A
malone v laskey
4
Q
unreasonable use of land + case
A
- looks at the sensitivity of the claimant
- duration and time of the nuisance
- character of the area
- the foreseeability of the type f damage
- any act of malice Hollywood silver fox farm
5
Q
the claimant must suffer harm
A
- injury or inconvenience
6
Q
private nuisance defences + case
A
statutory authority - authorised by law
prescription- if they had been doingit for years- sturges v bridgman
damages
injunction
