Private Nuisance Flashcards

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1
Q

what is the genral law for peoples property

A

they con do what they want so long as its lawful and doesnt infringe contractual agreements

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2
Q

when does private nuisance apply

A

when one party is affected

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3
Q

what is the definition of pn

A

the unlawful interfernace with a personas use or enjoyment of land comming from neibouring land

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4
Q

what must c have to bring a claim + case

A

intrest in the land affected by the nuisance
Hunter v Canary wharf

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5
Q

who can bring about the claim

A

and owner or tennant of the land but not a member of the family with no legal interst

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6
Q

who will the defendant be in a pn claim

A

the cause or allower of the nuisance
including nuisance from before d moved in

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7
Q

give a case for ‘adopting nuisance’

A

Sedleigh Denfeild v O’Callaghan

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8
Q

can d be liable if the nuisance is cased by a natral event and they are aware of it + case

A

yes
Leaky v National trust

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9
Q

what are the 3 elements of np

A

is there an interferance
is the use of land unlawful
was damage caused

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10
Q

what are the 2 types of interferance with land

A

direct
indirect

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11
Q

what is a direct interferance with land

A

a positive act eg banging on walls

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12
Q

what is an indirect interferance with land

A

interprated to include various actions eg
fumes, smell, noise, vibrations,fire ect

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13
Q

what is unlawful use of land

A

the use of land is unreasonable

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14
Q

what is the test for unlawful use of land

A

‘in all circumstances is it reasonable for c to have to suffer in the particular interferance’

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15
Q

in what circumstances can c not bring action as its not unlawful use of land

A

to protect the view of their house
the right to light
tv reception

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16
Q

how is the type of interferance determined

A

the material facts of the case

17
Q

what are all the factors of reasonableness

A

locality
duration
sensitivity of c
malice, social benifit
damage
human rights

18
Q

give the case for locality

A

Stages v Bridgeman

19
Q

give the case for duration

A

crown river crusies ltd v kinbolton fireworks ltd

20
Q

give the case for sensitivity of c

A

robinson v kilrert

21
Q

give the case for malice

A

hollywood sliver fox farm v emmett

22
Q

give the case for damage (factors of reasonableness)

A

st helens smelting go v tipping

23
Q

give the case for human rights

A

Hatton v uk

24
Q

what does locality look at

A

reasonableness of the nuisance based on the area the land is on

25
Q

what does duration look at

A

the length the nuisance has gone on for

26
Q

what does sensitivity of c look at

A

is the action reasonable/ is c a pussy

27
Q

what does malice look at

A

are d actions out of spite

28
Q

what does social benifit look at

A

are the actions/outcome for the greater good

29
Q

what does damage look at (factors of reasonableness)

A

loss of amenity v property/actual damage

30
Q

where are the provisions for nuisance for human rights set out

A

human rights article 8

31
Q

what two things are looked at for damage

A

factual causation
remoteness of damage

32
Q

what is the case and test for factual causation

A

but for
barnett

33
Q

what is the test and case for remoteness of damage

A

was the harm reasonably forseeable
the wagon mound