The Tort Of Nuisance Flashcards
What are the 2 types of nuisance?
Private nuisance - activity that interferes with a persons ability to use own land in reasonable way
Rule in rylands v fletcher: a specific type of nuisance that covers an escaped a dangerous substance
What 4 things must a claimant in an action for private nuisance prove?
1) he has the right to bring an action.
2) person they are suing is capable of being a defendant
3) there is interference in form of either physical damage to land or loss of amenity
4) interference is sufficiently serious in all circumstances to be unlawful.
What remedies are available for a successful nuisance claim?
Damages or injunction (court order)
Who has the right to bring a claim of nuisance?
A claimant must be someone with a legal interest in the affected land.
What case do we use for someone NOT having a legal interest in land.
Hunter v Canary Wharf
Who can be classed as a defendant in nuisance?
1) the creator of nuisance
2) someone who adopts or continues the activities of creator
What case do we use for adopting activities of nuisance?
Sedleigh-Denfield v O Callaghan
Is it possible for a landlord to be liable for actions of a tenant?
Yes, only if they authorised or approved these activities
What case do we use for landlords being liable or tenants
Tetley v chitty
What are the 3 types of interference?
Physical damage (to land)
Loss of amenity (enjoyment)
Unlawfulness (interferes with ordinary existence)
What are the 5 factors used to decide if an interference is illegal?
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Intensity
Locality
Sensitivity
Social utility
Malice
What needs to happen for it to be too high intensity? And case.
Goes on for a long time or at unreasonable time of day or night.
Crown river cruises v kimbolton firework
