Private Nuisance

Question 1

What is private nuisance?

Answer 1

A private nuisance is an unlawful interference with a person’s use or enjoyment of their land.

Question 2

True or False: Private nuisance only involves physical damage to property.

Answer 2

False

Question 3

Fill in the blank: The two main elements of private nuisance are ______ and ______.

Answer 3

unreasonable interference; harm

Question 4

What is the significance of the case ‘Hunter v Canary Wharf Ltd (1997)’?

Answer 4

It established that only those with a legal interest in the land can sue for private nuisance.

Question 5

Multiple Choice: Which of the following is NOT a factor considered in determining if a nuisance is unreasonable? A) Locality B) Duration C) Size of the property D) Sensitivity of the claimant

Answer 5

C) Size of the property

Question 6

What is meant by ‘continuity’ in the context of private nuisance?

Answer 6

Continuity refers to the ongoing nature of the interference, which can affect whether it is considered a nuisance.

Question 7

True or False: A single, isolated incident can be classified as a private nuisance.

Answer 7

False

Question 8

What is the ‘reasonable user’ test in private nuisance?

Answer 8

It assesses whether the interference is substantial and exceeds what an ordinary person would tolerate.

Question 9

Fill in the blank: The claimant must show that the interference caused ______ to their enjoyment of the land.

Answer 9

substantial harm

Question 10

Which legal remedy is commonly sought in private nuisance cases?

Answer 10

Injunctions or damages

Question 11

What does the term ‘locality’ refer to in private nuisance cases?

Answer 11

Locality refers to the geographical context in which the alleged nuisance occurs and how it affects the surrounding area.

Question 12

Multiple Choice: Which case established that noise from a pub could constitute a private nuisance? A) Sturges v Bridgman B) Miller v Jackson C) Robinson v Kilvert

Answer 12

A) Sturges v Bridgman
The sweet man v the doctor

Question 13

True or False: A private nuisance can be based on the use of land that is lawful.

Answer 13

True

Question 14

What is the role of ‘sensitivity of the claimant’ in private nuisance claims?

Answer 14

It considers whether the claimant’s use of land is unusually sensitive compared to ordinary users.

Question 15

Fill in the blank: A defendant can use the defense of ______ in a private nuisance claim if they can show that the claimant came to the nuisance.

Answer 15

coming to the nuisance

Question 16

What is the difference between public nuisance and private nuisance?

Answer 16

Public nuisance affects the general public or a community, while private nuisance affects specific individuals or properties.

Question 17

True or False: The presence of a statutory authority can provide a defense against private nuisance claims.

Answer 17

True

Question 18

What is the significance of the case ‘Miller v Jackson (1977)’ in private nuisance law?

Answer 18

It highlighted the balance between competing interests of land use and established that even lawful activities can lead to nuisance.

Question 19

Fill in the blank: The courts generally require that the nuisance be ______ to be actionable.

Answer 19

substantial

Question 20

Multiple Choice: Which of the following is NOT a factor in assessing the reasonableness of a nuisance? A) Time of day B) Nature of the activity C) Claimant’s wealth D) Local customs

Answer 20

C) Claimant’s wealth

Question 21

What type of damages may be awarded in a private nuisance case?

Answer 21

Compensatory damages for loss of enjoyment or property damage.

Question 22

True or False: A claimant must prove negligence to succeed in a private nuisance claim.

Answer 22

False

Question 23

What is the ‘balance of interests’ test in private nuisance law?

Answer 23

It weighs the harm caused by the nuisance against the utility of the defendant’s activity.

Question 24

Who can sue

Answer 24

Claimant can bring a claim but the claim must have a legal interest in the land affected by the nuisance. This could be either an owner of a tenant but a member of a family without legal interest in land like a child (Hunter v Canary Wharf)