PRIVATE NUISANCE Flashcards
Define Private nuisance
Private nuisance is an indirect, unreasonable interference with the claimant’s enjoyment or use of their land
What is a strict liability
A strict liability means that the claimant does not have to prove that the defendant was at fault
Who is a claimant?
A claimant can only be someone who has a proprietary interest in the land .
Hunter V Canary Wharf
Who is a defendant ?
A defendant will be anyone who causes or create the nuisance, adopts the nuisance or allows the nuisance
Tetley V Chitty
What is an indirect interference
An indirect interference is something emitted from the defendant’s land onto the claimant- it must be a non physical intrusion.
What are some examples of indirect interference with cases
Loud noises ( Hollywood V Emmet )
Hot fumes rising into other premises ( Robinson V kIlvert )
Fumes drifting from a neighbouring land ( Bliss V Hall )
What is an unreasonable interference ?
This explains that a mere interference or inconvenience on its own is not sufficient for a claim ; the claimant must prove that the defendant’s activity amounts to an unreasonable use of their land
What are the factors of unreasonable interference ?
Locality
The timing and duration of the interference
Seriousness of the interference
Sensitivity of the claimant
Malice shown by either party
Explain Locality
What is considered a nuisance in one area might not be one in another area. ( Laws V Florinplace. ) This is why the court will check the character of the land whether it is an industrial, residential or commercial area. ( Coventry V Lawrence)
Explain the timing and duration of interference
The interference should be continuous not a one off event ( Bolton V stone ). However, a one off event can be a nuisance if it is also at an unreasonable time ( Crown river V Kimbolton)
Explain the seriousness of the interference
There must be a balance between what is a case of mere discomfort, inconvenience and actual damage . The court will consider what is reasonable (Hasley V Esso Petroleum)
Explain sensitivity of the claimant
The claimant cannot use their land in a way that is hypersensitive and then complain of the damage caused by about D’s normal and reasonable activity
Robinson V kent
What is meant by hypersensitive
The means that the claimant is affected in a way a reasonable person would not be
Explain Malice shown by either party
This means that deliberately mean or harmful acts or acts of revenge would be seen as unreasonable and likely cause a nuisance. this hoes for both sides
Hollywood silver farm fox V Emmet
How many defences have we got in private nuisance
6
