Tort Flashcards
1
Q
To make a claim of private nuisance what must the claimant show?
A
a. There has been interference w C’s use and enjoyment of land or some rights they enjoy over it
b. Interference is unlawful
2
Q
Hunter v Canary Wharf (1997) identifies what?
A
3 types of interferences within private nusiance
1. nuiscance by encroachment on a neighbours land
2. nuisance by direct physical injury to a neighbours land
3. nuisance by interferenace w a neighbours quiet enjoyment if his land
3
Q
who can sue in private nuisance?
A
a person w rights to exlcusively possess the land
4
Q
what is the 3 stage test to establish a novel duty?
A
(1) Foreseeability of damage; and
(2) a relationship of proximity; and
(3) that the existence of a duty would be ‘fair, just and reasonable’
