Public Nuisance Flashcards
1
Q
Who is affected?
A
A class (group) of people are affected by a nuisance
2
Q
PYA Quarries/ AGs Ref
A
30 people complained of noise from quarry. This qualified as a group of people.
3
Q
Quote:
A
‘Something which materially affects the reasonable comfort and convenience of a class of her Majesties Subjects’
4
Q
What is special about the claimant?
A
C suffers special damage over and above the other members of the group
5
Q
Halsey
A
Oil refinery spilled oil. Other cars may have been affected but Cs car was the most damaged,
6
Q
Defences for Public nuisance =
A
- Consent
- Contributory Negligence
- Statutory authority
7
Q
Remedies for public nuisance =
A
- Injunction (order to stop)
- Awarded damages is more likely, Coventry
