Private nuisance summery

Question 1

What is the definition of nuisance and who stated it ?

Answer 1

Nuisance is the indirect , intentional , unlawful interference with land of another which was developed by wildfield

Question 2

Breakdown the steps of nuisance

Answer 2

• Indirect
• Interference
• Intentional
• Enjoyment use of the land of the another
• unlawful(unreasonable)

Question 3

Explain what is meant by indirect interference with the land ?

Answer 3

• Indirect interference includes noise , smell , vibrations , smoke etc things that do not directly go on to the land but may cause physical damage to the land or affect amenity( enjoyment) eg
• Wheelers v saunders - smell from a pig farm
• Malone v laskey - vibrations caused damage

Question 4

What caes show indirect interference with the land ?

Answer 4

• Wheelers v saunders- Smell from a pig farm

- Malone v laskey - vibrations causing physical damage

Question 5

Explain what is meant by interference

Answer 5

Interference means that there must be damage to the property or loss of amenity

Question 6

What case shows loss of amenity ?

Answer 6

Hasley v esso petroleum

Question 7

What does it mean by use of the land of another

Answer 7

this means that the claimant must have a proprietary interest in the land this can be the person who owns the land or rents it
eg Hunter v canary wharf

Question 8

What is meant by it must be an unlawful use of the land ?

Answer 8

This refers to unreasonableness and if the use of the land is unreasonable which affects if there is a claim in private nuisance. This includes many factors such as

• The sensitivity of the claimant - this refers to a reasonable standard of tolerance and ordinary land use ie Robinson v Kilvert
• The duration- has to be a continuing state of affairs ie and if it causes damage in short period it is a nuisance ie crown river cruises v kimbolton fireworks
• The time - is if it is at night it is more likely to be a nuisance
• The location - is it a common nuisance in that area is sturges v bridgman( a person cannot come to the nuisance
• Malice
• reasonable foreseeability

Question 9

Name the factors of unreasonableness

Answer 9

• Sensitivity -
• Duration-
• LOcation -
• The time -
• Malice -
  Reasonable foreseeability

Question 10

What is the case to illustrate sensitivity ?

Answer 10

Robbinson v Kilvert

Question 11

What is the case that demonstrates Time ?

Question 12

What case establishes that exclusive possession of the land suggests that there can be a claim in private nuisance

Answer 12

= Foster v warblington

Question 13

What case can be used to establish time as a case?

Answer 13

Hasley esso petrolume

Question 14

What case can be used to show injunctions?

Answer 14

Kenway v thompson

Question 15

What case establishes that prescription is a defence ?

Answer 15

• Bliss v hill - when a person has been doing something for a long period of time such as 20 years

Question 16

What case can be used to establish locality ?

Answer 16

Smelting v tipping

Question 17

What case established that landlords can be liable for nuisance ?

Answer 17

Tettley v chitty