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Law Of Tort S2 > Private Nuisance > Flashcards

Private Nuisance Flashcards

1
Q

3 types of private nuisance

A

Physical injury to land
Substantial interference with enjoyment of land
Encroachment on a neighbours land

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2
Q

Authority to distinguish physical injury and interference

A

St Helen’s Smelting Co v Tipping

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3
Q

Authority for encroachment on land

A

Lemmon v Webb

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4
Q

Authority for reasonable user

A

Sedleigh-Denfield v O’Callaghan

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5
Q

Authority that can do anything as long as it’s reasonable

A

Hunter v Canary Wharf

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6
Q

Authority that interference must be more than trivial

A

Banjamin v Storr

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7
Q

Authority that personal discomfort is not enough unless is excessive

A

Waller v Selfe

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8
Q

Authority that D’s use of land can be unreasonable even if they have taken all reasonable precautions

A

Rapier v London Tramways Co

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9
Q

Authority that test is what, objectively a normal person would find it reasonable to put up with

A

Barr v Biffa Waste Services

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10
Q

The five limbs to determine a reasonable user

A 
Nature of locality
Duration and frequency of conduct
Utility of conduct
Abnormal sensitivity of C
Malice on part of D
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11
Q

Authority that noise from a factory is less in an industrial area

A

Sturges v Bridgeman

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12
Q

Authority that planning permission is not a defence

A

Coventry v Lawrence

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13
Q

Authority that lack of other complaints can weaken a claim

A

Murdoch v Glacier Metal

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14
Q

Authority that interference must go on for a substantial length of time

A

Conard v Anyifyre Ltd

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15
Q

Authority that courts will grant injunctions for noise nuisance during the night

A

Keyser’s Royal Hotel Ltd v Spicer Bros Ltd

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16
Q

Authority that physical damage will succeed even when temporary

A

Crown River Cruises Ltd v Kimbolton Fireworks Ltd

17
Q

Authority that Utility of D’s conduct can outweigh C’s need for an injunction

A

Miller v Jackson

18
Q

Authority that Abnormal sensitivity will not find an actionable nuisance

A

Robinson v Kilvert

19
Q

Authority that abnormal sensitivity applies once an actionable nuisance is found

A

McKinnon Industries Ltd v Walker

20
Q

Authority that interference in recreational activities can be actionable

A

Network Rail Infrastructure Ltd v Morris (t/a Soundstar Studio)

21
Q

Authority that malice creates liability

A

Christie v Davey

22
Q

Authority that C must have a right not he interfered with at all

A

Bradford Corp v Pickles

23
Q

Authority that only those with an interest in the land can sue

A

Malone v Laskey

24
Q

Authority that ‘tolerated trespassers’ can sue

A

Pemberton v Southwark LBC

25
Q

Authority that it does not matter if C had ownership when nuisance began

A

Delaware Mansions Ltd v Westminster City Council

26
Q

Authority that landlords can only sue where nuisance has harmed them in a permanent way

A

Jones v Llanrwst UDC

27
Q

ECHR said there is no distinction between those with and without proprietary rights

A

Khatun v Uk

28
Q

D does not have to occupy property from which nuisance emanates

A

Thompson v Gibson

29
Q

Occupier is liable if they exercise control over the creator of the nuisance

A

Matania v Provincial Bank

30
Q

Occupier liable if they are in control or possession of property

A

Cocking v Everett

31
Q

Occupier liable if they adopt or continue a trespasser’s nuisance

A

Sedleigh-Denfield v O’Callaghan

32
Q

No distinction between a nuisance caused by state of property and one caused by trespass

A

Page Motors Ltd v Epsom and Ewell Bc

33
Q

Occupier liable if they continue or adopt a nuisance created by an act of God

A

Goldman v Hargrave

34
Q

Occupier if creator predecessor in title and knew/ought to know about nuisance

A

St Anne’s Well Brewery Co v Roberts

35
Q

Landlord liable where the participate or authorise nuisance

A

Tetley v Chitty

36
Q

Reasonable foresight of nuisance not enough for landlord to be liable

A

Mowan v Wandsworth LBC

37
Q

Licensors are liable for actions of licensees

A

Lippiatt v South Gloucestershire CC

38
Q

Landlord liable if knew or ought to have known about nuisance before letting

A

Brew Bros Ltd v Snax (Ross) Ltd

Law Of Tort S2 (10 decks)

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