Remedies to Nuisance^ Flashcards
1
Q
Balancing Interests
A
aim to balance the right of both parties and the public’s interest
2
Q
Locality Principle
A
the character of the neighbourhood considered when determining appropriate remedies
Sturges V Bridgeman
3
Q
Continuation of Nuisance
A
ongoing
then more likely to grant injunction
4
Q
Injunction
A
ordering the nuisance-causing act to stop
5
Q
Damages
A
compensation for claimant’s losses
public’s benefit so reluctant to stop it
can be awarded in addittion or instead of an injuction
6
Q
Bone V Seale
A
damages rewarded for loss of amenity due to noise
7
Q
Abatement
A
claimant takes reasonable steps to stop the nuisance
risky as must ensure they don’t trespass or commit a breach of peace
8
Q
Lemmon V Webb
A
cutting overhanding branches was deemed lawful abatement
