Remedies To Private Nuisance Flashcards

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1
Q

Remedies

A

Injunctions
Abatement
Damages

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2
Q

Situations courts willing to grant damages

A

Injury to C’s rights are small
Injury capable of estimation in financial terms
Injury adequately compensated by small money payment
Would be oppressive to grant injunction

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3
Q

Authority for damages in lieu of injunction

A

Shelfer v City of London Electric Lighting Co

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4
Q

Shelfer rules should not be applied mechanically

A

Coventry v Lawrence

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5
Q

Interim injunctions can be granted

A

American Cyanamid Co v Ethicon Ltd

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6
Q

Abatement suitable in encroachment cases

A

Lemmon v Webb

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7
Q

Damages can compensate diminution of C’s land

A

Hunter v Canary Wharf

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8
Q

Damages cannot be awarded for personal injury

A

Hunter v Canary Wharf

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9
Q

Damages can be awarded for damage to chattels

A

Halsey v Esso Petroleum Co Ltd

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10
Q

Loss of profits can be recovered as damages

A

Hunter v Canary Wharf

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11
Q

D only liable for damages that can be reasonably forseen

A

The Wagon Mound No1

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