public and private nuisance Flashcards
what is public nuisance?
where the harm is suffered by a section of the community or the community as a whole
what is an essential characteristic?
an infringement of a public right
definition of public nuisance in Attorney General v PYA Quarries?
any nuisance is public which materially affects the reasonable comfort and convenience of life of a class of her majesty’s subjects
what are the elements of public nuisance?
- act or omission which infringes the comfort or convenience of the public generally
- D must have known or ought to have known that the inconvenience would be the result of their actions
- claimant must have suffered damage over and above that suffered by the public generally
what is private nuisance?
an unlawful interference with a person’s use or enjoyment of his land, or some right over, or in connection with, that land
elements of private nuisance?
- must be an interference with C’s use or enjoyment of land
- D’s actions must constitute unreasonable use of land
- C must have required interest in land to have capacity to sue
- D must be responsible for intereference
what would interfere with claimant’s use or enjoyment of land?
activity done on D’s land that causes something to be emitted continuously or intermittently, onto C’s land
either causes physical damage to C’s land or interferes with C’s enjoyment of land
what are the relevant factors considered in deciding whether D’s actions are unreasonable?
locality - appropriate for area?
duration - more significant the intensity and duration more likely to be unreasonable
abnormal sensitivity
malice - if nuisance is carried out with bad intention more likely to be unreasonable
public benefit of D’s activity
who can sue in private nuisance?
- claimant must have proprietary interest
- merely a substantial link to land is not enough
who can be sued?
creator of nuisance
occupier
if not creator of nuisance must have authorised, adopted or continued it
what are the defences?
prescription statutory authority contributory negligence coming to the nuisance public benefit
what are the remedies?
damages
injunctions
abatement
