Private Nuisance & Rylands Cases Flashcards

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1
Q

Coventry v Lawrence (What is a nuisance?)

A

o An action (or sometimes omission) on the part of the defendant which is not otherwise authorised, and which causes an interference with the claimant’s reasonable enjoyment of their land.

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2
Q

Saunders-Clark v Grosvenor Mansions (What is a nuisance?)

A

o Court must consider if the defendant is using his property reasonably or not.
o If he is, there is nothing which at law can be considered a nuisance.
o If he isn’t the plaintiff is entitled to relief.

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3
Q

Sedleigh-Denfield v O’Callaghan (Whom are they suing?)

A

o Occupier can be treated as adopting a nuisance caused by another on their land if they take no actions to stop it.

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4
Q

Tetley v Chitty (Whom are they suing?)

A

o Landlord was liable for the noise from land he let for the purpose of holding go-karting.
o It was a natural consequence of the letting.

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5
Q

Hunter v Canary Wharf (Does the claimant have standing?)

A

o Nuisance is a land-based tort and only someone who has possessory or proprietary interest in land can sue in private nuisance.
o The plaintiff will usually be an owner or tenant as to hold otherwise would convert nuisance from a tort to land to a tort to the person.
 Potentially pose a threat to the tort of negligence.
o A mere licensee therefore has no right to sue.

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6
Q

St Helens Co v Tipping (Damage in question)

A

o Case involved physical damage to trees and shrubs on plaintiff’s land.
o The court divided actionable damage into two categories.
 Material physical damage.
 Loss of amenity e.g. smell and noise.
• Don’t cause tangible damage but detract from enjoyment and value of the land.

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7
Q

Bone v Seal (Damage in question)

A

o Displayed an action brought for loss of amenity regarding smells emanating from a pig farm.

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8
Q

Hunter v Canary Wharf (Damage in question)

A

o If the occupier of land suffers personal injury due to inhaling smoke they may have an action in negligence.
o They don’t have a cause of action in nuisance for the personal injury, nor for interference with his personal enjoyment.

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9
Q

St Helens Smelting Co v Tipping (Unreasonable user?)

A

o Confirmed that if there is material damage the nature of the locality will not be a factor against finding nuisance.

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10
Q

Sturges v Bridgman (Unreasonable user?)

A

o What would be a nuisance in Belgravia would not necessarily be so in Bermondsey.

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