Public Nuisance

Question 1

What is the definition of public nuisance?

Answer 1

Public nuisance is an act or omission that endangers the life , health , property ,comfort of the public or obstructs the right of enjoyment of rights to all her majesty’s subjects

Question 2

What needs to be established in order for their to be a public nuisance ?

Answer 2

• A class of people
• Common harm
• Special damages
• Defences
• Remedies

Question 3

How is a class of people defined ?

Answer 3

- A class of people is defined through case law depending on the amount of people affected by the nuisance example
\:R v ruffle established that if local residents are affected then there can be a public nuisance 

• R V ONG established that the football spectators were classed as the class of people
• R v Lowrie established that the people who may have been in genuine need of emergency services are classed as the class of people

Question 4

What is meant by the fault element ?

Answer 4

the fault element refers to foreseeability of the risk of the type of nuisance , which means that the defendant is only liable if she or he knew the type of nuisance or the risk of the nuisance

Question 5

What case established foreseeability ?

Answer 5

• The wagon mound 1 which was reiterated in Cambridge water co v eastern leather plc

Question 6

what case reiterated foreseeability ?

Answer 6

-Cambridge water co v eastern counties leather plc

Question 7

What is the test of foreseeability?

Answer 7

The test of foreseeability also known was a test of remotness was substituted for direct consequences. this asks if the type of damage was foreseeable and if it it d would be liable

Question 8

What was held in the case of cambridge water co v eastern countries leather plc ?

Answer 8

that the damage was too remote therefore the d was not liable

Question 9

What is another case where the test of foreseeability was used /

Answer 9

the case of R V GOLDSTEIn - but there was no public nuisance because it was not intended for the salt to fall out

Question 10

What does attorney general v PYA quarries ltd establish

Answer 10

this case established that an injunction called a relator action can be used to stop the junction from being removed

Question 11

What is another example of a public nuisance ?

Answer 11

• Obscene telephone calls - R V Johnson calls made to women in a geographical area was a public nuisance
• however i the case of r v rimminton it was held that phone calls cannot amount to a public nuisnece because they were made to separate people instead of a class of people

Question 12

Is sending abusive letters known as a public nuisance ?

Answer 12

• R V Rimmington suggested that abusive letters that aren’t sent to a class of people cannot amount to public nuisance

Question 13

What three ways can civil actions against a public nuisance be committed ?

Answer 13

..

Question 14

What is the act that makes public nuisance a crime ?

Answer 14

• S 17 (1) magistatres court act 1980

- triable either way