Tort Law - Private Nuisance

Question 1

Definition

Answer 1

Unlawful interference for a substantial length of time with a persons right to enjoy their land in a reasonable way

Question 2

C must prove …

Answer 2

He has a right to bring an action, the person they are suing is capable of being a D, there is interference, the interference is sufficiently serious in all circumstances to be unlawful

Question 3

He has a right to bring an action

Answer 3

C must be someone with a legal interest in the affected land (Hunter v Canary Wharf)

Question 4

The person they are suing is capable of being a D

Answer 4

D is creator of nuisance (Tetley v Chitty) or person adopting nuisance/failing to deal with nuisance (Sedleigh Denfield v O’Callaghan)

Question 5

There is interference

Answer 5

Wither physical damage or loss of amenity in using the land

Question 6

The interference is sufficiently serious n all circumstances to be unlawful

Answer 6

To be unlawful must materially interfere with ordinary existence (Murdoc v Glacier Metal). Can be physical , loss of amenity & unlawful. The courts ill consider: locality (Halsey v Esso), duration (Spicer v Samee), sensitivity (Network Rail Infrastructure v Morris), social utility (Miller v Jackson), malice (Christie v Davie)

Question 7

Defences

Answer 7

Statutory authority, prescription, consent, non defences: moving to area/public benefit (Miller Jackson), arguments not open to D (Surges v Bridgeman)

Question 8

Defences - Statutory authority

Answer 8

Nuisance created by a public body under legislative duty/power (Allen’s Gulf Oil Refining)

Question 9

Defences - Prescription

Answer 9

Action carried out for 20 years without complaint, prescriptive right to continue (Sturges v Bridgeman)

Question 10

Defences - Consent

Answer 10

C knows there’s a risk of D acting negligently and freely consents to that risk (Morris v Murray)
Consent not freely given-C has little choice (Smith v Baker) or C felt a moral obligation (Haynes v Harwood)

Question 11

Remedies

Answer 11

Injunction, damages, abatement

Question 12

Remedies - injunction

Answer 12

Order limiting/prohibiting activity (Miller v Jackson)

Question 13

Remedies - damages

Answer 13

Physical damages (Hunter v Canary Wharf) and loss must be reasonably forseeable (The Wagon Mound No2)

Question 14

Remedies - abatement

Answer 14

Reasonable steps taken by C to deal with nuisance themselves (Lemmon V Webb)