public nuisance

Question 1

Grounds of Claim

• AG V PYA
• R v Rimmington
• Goldstein

Answer 1

AG: Can bring a claim for public nuisance which:

• affects a representative cross section class - the community.
• C must have suffered ‘Special damages’

Rimmington - Community must be affected not a selected number of individuals.

• D sent 500 racially abusive letters to people.
• not guilty of public nuisance - didn’t affect community as a whole.

Goldstein - sent salt to his friend via post - opened at the post office and caused a scare
- not guilty - only selected number of people affected.

D has to be aware that his conduct would = public nuisance.

Question 2

Who can sue:

AG v PYA
Local Government act 1972 - S222
Corby

Answer 2

AG - has to be a class of people - no need for propriety interest.

LGA - the LA can bring claim on behalf of community.
Corby: Public Nuisance can be used for personal injury.

Question 3

Sue for what?
Natural projection
- Noble

Answer 3

O is liable for injury or loss caused by natural projection on the highway

Noble - tree branch hung over the highway fell on passing car

• D was not aware of the state of branch
• held: D is only liable where he knows or ought to have known of that state of the circumstance.

Question 4

Sue for what?
Artificial Projection

• Tarry
• Wringe

Answer 4

O has duty to keep premises in good state of repair - regardless of if he knows its dangerous or not.

Tarry: heavy lamp hung over D’s property - fell on C, the O is liable due to the duty.

Wringe - followed the strict liability imposed by Tarry:
- where premises on the highway becomes dangerous due to lack of repairs and caused damage to passer-by, D is liable regardless of knowledge.