private nuiscance Flashcards
what is private nuisance and which case defined this?
Fearn V Tate Gallery- A use of land which substantially interferes with the ordinary use and enjoyment of neighbouring land, judged by the standards of an ordinary person.
1)Right to bring an action:what does this mean which case illustrated this?
Hunter v Canary Wharf- C must have a legal interest in the land and have been affected by the interference.
what is a defendant in the case of private nuisance?-Provide a case.
the person who has caused or allowed the nuisance.-Tetley v Chitty.
Interference- what is this and provide a case.
-interference can be either physical damage to the land or a loss of amenity.-Williams v Network Rail.
Unlawful interference:what does this say, also provide a case!
Fearn V Tate Gallery-were the acts complained of a common and ordinary use of D’s land? and were the acts conveniently done, with proper consideration for the interests of neighbours?
what are some factors to consider when deciding if the interference is unlawful?
Locality,duration and extent,malice, social utility.
Defences? what are some defences to private-provide a nuisance case.
prescription,If D has carried out the activity causing the nuisance for at least 20 years without complaint, D has a ‘prescriptive right.-Coventry v lawrence.
what is statutory authority?
planning permission is not a defence, if something is built under the powers in an act of parliament their is no nusicance.
what is consent?
if the C knew that the nature and extent of the interference and voluntarily agreed to it, C will have no right to complain.
what other two defences are their that involve god and a stranger?
act of god, stranger.
what damages are their?
physical damages- to land, buildings goods.
loss of amenity-reduction in value of land or loss of business.
punitive-further damages could be awarded to show the court’s disapproval for D’s conduct.#
what is an injunction?
a court order that compels a party to do something, or stop them from doing something.
what is an abatement?
the right of the claimant to take reasonable steps to deal with any nuisance himself.
