Private nuisance Flashcards
1
Q
What id the definition of private nuisance
A
Private nuisance is an indirect, unreasonable interference with the claimants enjoyment or use of their land
2
Q
Who can make a claim?
A
Those who have propriety interest
Hunter V Canary Wharf
3
Q
who is a defendant?
A
anyone who-
- causes or creates the nuisance
- adopts the nuisance
- allows the nuisance
Tetley V chitty
4
Q
What Is an indirect interference?
A
Something emitted from the claimants land onto the defendants
- fumes ( Bliss V Hall)
- Vibrations (Sturges and Burges)
5
Q
What are factors of unreasonable interferences?
A
- locality ( Laws V florin place)
- timing and duration (bolton v stone
- Seriousness ( Halsey v esso petroleum)
- sensitivity ( Robinson V Kent)
- malice shown by either party (Hollywood silver fox farm v Emmett)
6
Q
What is forseeablitly ?
A
Asks whether a person could or should have foreseen the harms resulted from their actions
wagon mound
7
Q
What are defences to nuisance?
A
- prescription
- statutory authority
- planning permision
- act of a stranger
- volenti
- public policy
