Remedies To Private Nuisance

Question 1

Remedies

Answer 1

Injunctions
Abatement
Damages

Question 2

Situations courts willing to grant damages

Answer 2

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

Question 3

Authority for damages in lieu of injunction

Answer 3

Shelfer v City of London Electric Lighting Co

Question 4

Shelfer rules should not be applied mechanically

Answer 4

Coventry v Lawrence

Question 5

Interim injunctions can be granted

Answer 5

American Cyanamid Co v Ethicon Ltd

Question 6

Abatement suitable in encroachment cases

Answer 6

Lemmon v Webb

Question 7

Damages can compensate diminution of C’s land

Answer 7

Hunter v Canary Wharf

Question 8

Damages cannot be awarded for personal injury

Answer 8

Hunter v Canary Wharf

Question 9

Damages can be awarded for damage to chattels

Answer 9

Halsey v Esso Petroleum Co Ltd

Question 10

Loss of profits can be recovered as damages

Answer 10

Hunter v Canary Wharf

Question 11

D only liable for damages that can be reasonably forseen

Answer 11

The Wagon Mound No1