Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

LAW > Private Nuisance > Flashcards

Private Nuisance Flashcards

1
Q

What are the 3 things that have to be proven in order to sue for private nuisance?

A

1) Interference with the use or enjoyment of land

2) Damage to the claimant that was foreseeable

3) The interference is unlawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Private Nuisance definition

A

‘An unlawful (unreasonable) interference with a person’s use or enjoyment of land coming
from neighbouring land’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Interference case for Noise and Vibrations?

A

Sturges v Bridgeman

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Interference case Sturges v Bridgeman is an example of what?

A

Noise and Vibrations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Interference case St Helens Smelting v Tipping is an example for what?

A

Smoke and Fumes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Interference case for smoke and fumes?

A

St Helens Smelting v Tipping

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Interference case Bliss v Hall is an example of what?

A

Smells

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Interference case for smells?

A

Bliss v Hall

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Interference case Halsey v Esso Petroleum is an example of what?

A

Smells and physical damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Interference case for Smells and physical damage?

A

Halsey v Esso Petroleum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Interference case Hunter v Canary Wharf is an example of what?

A

Blocking Tv Reception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Interference case for Blocking Tv Reception?

A

Hunter v Canary Wharf

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

For damage what must the claimant prove?

A

causation and that the damage was reasonably foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What principles will the judge consider for unreasonableness?

A

‘give and take’, AKA the ‘let and live’ principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the main factor for unreasonableness?

A

Sensitivity - A defendant is not responsible for damage that occurs solely due to the claimant being abnormally sensitive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the two cases for unreasonableness?

A

Robinson v Klivert & Mckinnon Industries v Walker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What happened in Robinson v Klivert?

A

Here delicate brown paper dried out, failed claim as overly sensitive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What’s the contrast to Robinson v Klivert?

A

If the claimant can show that their right to enjoyment has been infringed then you can still claim for damage, even if overly sensitive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What happened in Mckinnon Industries v Walker?

A

Here the claimants sensitive orchids were damaged by fumes and gas - held liable as their right to normal enjoyment had been infringed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Here delicate brown paper dried out, failed claim as overly sensitive - What case is this?

A

Robinson v Klivert

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Here the claimants sensitive orchids were damaged by fumes and gas - held liable as their right to normal enjoyment had been infringed - What case is this?

A

Mckinnon Industries v Walker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

explain the concept of location in private nuisance

A

A noise in a street full of night clubs is unlikely to be a nuisance, whereas a noise in a rural setting could be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What happened in Sturges v Bridgeman?

A

here a judge stated a nuisance in Belgrave square (Nice Houses) would not be considered a nuisance, whereas a nuisance in Bermondsey (Area of Industry) would not be a nuisance. A doctor sued a confectioner who made a lot of noise and succeeded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

here a judge stated a nuisance in Belgrave square (Nice Houses) would not be considered a nuisance, whereas a nuisance in Bermondsey (Area of Industry) would not be a nuisance. A doctor sued a confectioner who made a lot of noise and succeeded - What case is this?

A

Sturges v Bridgeman

25
Q

What happened in St Helens Smelting co v Tipping

A

An estate agent was situated in an industrial area, was damaged by the copper fumes, Area is not a factor when there is physical damage, so St Helens were liable

26
Q

An estate agent was situated in an industrial area, was damaged by the copper fumes, Area is not a factor when there is physical damage, so St Helens were liable - What case is this?

A

St Helens Smelting co v Tipping

27
Q

What happened in Murdock v Glacier Metal Co?

A

A droning noise from a factory prevented someone from sleeping, above WHO levels, not a nuisance as the house was near a bypass, no one else complained

28
Q

A droning noise from a factory prevented someone from sleeping, above WHO levels, not a nuisance as the house was near a bypass, no one else complained - What case is this?

A

Murdock v Glacier Metal Co

29
Q

What are the 3 cases for locality?

A

Murdock v Glacier Metal Co
St Helens Smelting co v Tipping
Sturges v Bridgeman

30
Q

What are the 2 cases for locality/planning permission

A

Gillingham BC v Medway
Wheeler v Saunders

31
Q

What happened in Wheeler v Saunders?

A

Pig farmer expanded to two more pig houses, near cottage, smelly, didn’t change the nature of the neighbourhood, held liable despite planning permission

32
Q

Pig farmer expanded to two more pig houses, near cottage, smelly, didn’t change the nature of the neighbourhood, held liable despite planning permission - what case is this?

A

Wheeler v Saunders

33
Q

What happened Gillingham BC v Medway

A

Planning permission granted to create a commercial port - so no nuisance

34
Q

Planning permission granted to create a commercial port - so no nuisance - What case

A

Gillingham BC v Medway

35
Q

How does duration come into account in private nuisance?

A

A regular or continuous activity is more likely to constitute a nuisance, one off event is less likely, short period can still be nuisance

36
Q

What are the two case for duration?

A

De Keyser’s Royal Hotel v Spicer Bros
Crown River Cruises v Kimbolton Fireworks

37
Q

What happened in Crown River Cruises v Kimbolton Fireworks

A

20 minute firework display could of amounted to a nuisance

38
Q

What happened in De Keyser’s Royal Hotel v Spicer Bros?

A

An injunction was granted to prevent building work taking place even though it was temporary

39
Q

20 minute firework display could of amounted to a nuisance - what case?

A

Crown River Cruises v Kimbolton Fireworks

40
Q

An injunction was granted to prevent building work taking place even though it was temporary - what case?

A

De Keyser’s Royal Hotel v Spicer Bros

41
Q

Explain the point of time in private nuisance

A

Noise at 2am is more likely to be a nuisance than at 2pm

42
Q

Explain the point of duration in private nuisance

A

If the noise is loud is more likely to be nuisance than a quiet noise

43
Q

Explain the point of malice in private nuisance

A

Malice is a bad motive. When malice is present it will turn a reasonable act into a unreasonable one.

44
Q

What’s the case for Malice?

A

Christie v Davey

45
Q

What happened in Christie v Davey?

A

The claimant was a music teacher, teaching in his house, the defendant deliberately banged trays to get him back, malicious intentions made it that the conduct was unreasonable

46
Q

The claimant was a music teacher, teaching in his house, the defendant deliberately banged trays to get him back, malicious intentions made it that the conduct was unreasonable - What case

A

Christie v Davey

47
Q

Who can be sued under private nuisance?

A

1) The creator of the nuisance

2) The occupier of the land - must be aware of the situation to be sued if a third party is creating the nuisance

3) The owner of the land - only if control, authorised it or whether it already existed when the land was let

48
Q

What’s the case example for who can be sued under private nuisance?

A

Tetley v Chitty

49
Q

What happened in Tetley v Chitty?

A

A local authority allowed go-cart racing on some land, was liable for nuisance

50
Q

A local authority allowed go-cart racing on some land, was liable for nuisance - What is this case?

A

Tetley v Chitty

51
Q

Who can sue?

A

1) Need a proprietary interest in the property (those who own or rent)

2) If I live in my friends house for 2 weeks and neighbours create a nuisance I cannot sue.

52
Q

What are examples of non-defences in private nuisance?

A

Who was there first - IS NOT A DEFENCE
Care and skill - IS NOT A DEFENCE
Public Benefit - IS NOT A DEFENCE

53
Q

What is the only defence for private nuisance?

A

Prescription - THIS IS A DEFENCE - If the defendant can acquire the right to commit nuisance if it has been actionable for 20 years and no action has been taken - Sturges v Bridgeman, the defence pleaded prescription but the defence failed because it only became a nuisance when the claimants consulting room was built

54
Q

What are the three remedies in private nuisance?

A

1) Abatement - Self fixing the problem without breaking the law

2) Damages - Can be awarded for physical damage, doesn’t stop nuisance, if theres a large number of claimants, could open the floodgates, too many people suing - Coventry v Lawrence 2024, claimant purchased property near motor-sport arena, wanted an injunction, but was awarded damages

3) Injunctions - Prohibitory &. Mandatory

55
Q

What are the two types of injunctions?

A

Prohibitory and mandatory

56
Q

Explain Mandatory injunction

A

This tells you that you must do something, usually within a certain time period, e.g could be to sound proofs room or fix a smell

57
Q

This tells you that you must do something, usually within a certain time period, e.g could be to sound proofs room or fix a smell - what injunction?

A

Mandatory injunction

58
Q

Explain Prohibitory injunction

A

Prohibitory injunction - This stops or limits the defendant from doing something, could be a limit to noise at a certain time or completely stopping the nuisance - Bellew v Cement, where Irelands only cement factory was shut due to nuisance - Kennaway v Thompson, Boat racing on a lake, claimants inherited a house within half a kilometre of the races, noise was a nuisance, injunction - CONTRASTS Miller v Jackson, Judicial discretion was applied for the benefit of the cricket club, an induction was not awarded due to public benefit, just damages

LAW (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions