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Paper 2-Civil Law > Tort-Negligence-Private Nuisance > Flashcards

Tort-Negligence-Private Nuisance Flashcards

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1
Q

When is private nuisance tort needed and used?

A

Whenever there is unlawful interference for a substantial length of time with a person’s right to enjoy his land in a reasonable way.

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2
Q

1st test for private nuisance.

A
  1. C has a right to bring an action and the person he is suing is capable of being a D (valid C and D)
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3
Q

2nd test for private nuisance

A
  1. Interference in the form of either physical damage or loss of amenity (convenience)
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4
Q

3rd test for private nuisance.

A
  1. Interference is sufficiently serious in all circumstances to be unlawful
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5
Q

Examples of remedies for private nuisance.

A

Damages
Injunction
Both damages and injunction
Abatement

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6
Q

What makes the C a valid C?

A

Must have a legal interest in the affected land, e.g., owner or tenant.

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7
Q

What case is used for the valid C in the 1st test?

A

Hunter v Canary Wharf (1997)

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8
Q

Summarise facts of Hunter v Canary Wharf (1997).

A

Cs complaining about dust/no TV reception as Canary Wharf is being built.

Some Cs could not pursue claim as no legal interest in the land e.g., one was wife of the tenant.

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9
Q

Why must the C have a legal interest in the land to be a valid C?

A

Because private nuisance concerns impact of the D’s actions on the value of the land

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10
Q

What 3 factors make a valid D?

A

Creator of nuisance
Occupier of the land
Landlord who authorised actions

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11
Q

What case shows that the occupier of the land is a valid D?

A

Sedleigh-Denfield v O’Callaghan (1940)

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12
Q

Summarise facts of Sedleigh-Denfield v O’Callaghan (1940).

A

D liable when a blocked pipe caused flooding even though the pipe had been installed before his ownership.

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13
Q

Give the case that shows that a landlord is a valid D if he authorised the actions which caused the nuisance.

A

Tetley v Chitty (1986)

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14
Q

Summarise facts of Tetley v Chitty (1986).

A

Council liable for the noise of a go-kart club

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15
Q

Personal injury is a part of the 2nd test.
True or fasle?

A

False-it can’t.

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16
Q

Give examples of physical damage to land for the 2nd test.

A

Gases from factory damaging flowers or crops
Flood water damaging crops
Pollution damaging paint work

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17
Q

Give an examples of loss of amenity/enjoyment for the 2nd test.

A

Excessive noise stopping the C sleeping
Fumes stopping the C opening windows

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18
Q

Why must the court balance the interests of the D and C in the 3rd test and in general?

A

In general people should be able to use their land as they wish.

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19
Q

What 5 factors must the court take into account for the 3rd test?

A
  1. Locality
  2. Duration
  3. Degree of interference
  4. Sensitivity
  5. Malice on the part of the D
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20
Q

Why must courts take into account locality for the 3rd test?

A

Different things acceptable in different areas e.g., what is acceptable in an industrial park might not be on a housing estate

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21
Q

What part of the 2nd test is considering locality irrelevant for?

A

Physical damage

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22
Q

What case shows that locality is irrelevant for physical damage?

A

St Helens Smelting v Tipping (1865)

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23
Q

Summarise facts of St Helens Smelting v Tipping (1865).

A

D liable for damage to trees even though it was a manufacturing area.

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24
Q

What cases are used to represent the factor of locality?

A

Halsey v Esso Petroleum Co. Ltd (1961)

Lawrence v Fen Tigers (2012)

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25
Q

Summarise facts of Halsey v Esso Petroleum Co. Ltd (1961).

A

Oil company found liable for activities of its oil depot (lorries coming and going), which was in a residential area.

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25
Q

Summarise facts of Lawrence v Fen Tigers (2012).

A

Motor racing circuit not liable for noise as use of area for motor-racing long established and part of its character.

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26
Q

Ds won’t be liable if the use of the area has been long established and part of the areas character.
True or false?

A

True

27
Q

Why does duration taken into account for the 3rd test?

A

The more often it happens, the more likely it is to be a nuisance.

28
Q

What case shows that duration is key to consider for 3rd test?

A

Barr v Biffa Waste Services (2012)

29
Q

Summarise Barr v Biffa Waste Services (2012).

A

Smells from landfill amounted to nuisance as they occurred on many occasions, especially in warm weather, on and off for 5 years.

30
Q

What case contradicts duration and shows that in the right circumstances a one-off nuisance can be unlawful?

A

Crown River Cruises v Kimbolton Fireworks (1996)

31
Q

Summarise Crown River Cruises v Kimbolton Fireworks (1996).

A

D liable when a fire after a firework display damaged C’s river boats.

32
Q

Why does degree of interference need to be take into account for the 3rd test?

A

The greater the degree, the more likely it is to be a nuisance.

33
Q

What degree of interference is actionable (applied) for physical damage?

A

Small nuisances are actionable

34
Q

What degree of interference must there be for loss of amenity?

A

The threshold is higher than for physical damage

35
Q

Case for degree of interference.

A

Murdoch v Glacier Metal (1998)

36
Q

Facts of Murdoch v Glacier Metal (1998).

A

Claim against the humming from a factory failed cause no one else had complained and there was a noisy road nearby anyway

37
Q

Why is sensitivity taken into account for the 3rd test?

A

You cannot claim for nuisance if you are using your land for more than usually sensitive purposes.

38
Q

Cases for sensitivity.

A

Bridlington Relay v Yorkshire Electricity (1965)

McKinnon Industries v Walker (1951)

39
Q

Summarise facts of Bridlington Relay v Yorkshire Electricity (1965).

A

Overhead electric cables were interfering with the C’s television mast; no liability as the cables would not have interfered with ordinary use of the land.

40
Q

Summarise facts of McKinnon Industries v Walker (1951).

A

In this Canadian case, gas from a factory damaged sensitive orchids but the D liable as even other things like C’s shrubs, trees and hedges had died.

41
Q

Why must malice on part of D be taken into account for the 3rd test?

A

More likely to be a nuisance if the D acted maliciously.

42
Q

Case for malice on part of the D.

A

Hollywood Silver Fox Farm v Emmett (1936)

43
Q

Summarise facts of Hollywood Silver Fox Farm v Emmett (1936).

A

As a part of a feud, D fired his shotgun to startle his neighbour’s silver foxes and make them miscarry. Firing a shotgun in the countryside would not normally be a nuisance but this was.

44
Q

What defences can be used for private nuisance?

A

Statutory authority
Prescription

45
Q

What can not be used as a defence for private nuisance?

A

To say the activity was going on before C moved in is not a defence.

46
Q

What case shows that it is not a defence to say that the activity was going on before the C moved in?

A

Sturges v Bridgeman (1879)

47
Q

Summarise facts of Sturges v Bridgeman (1879).

A

Where a doctor built a consulting room in his garden on land next to a confectioners.
The noise from the confectioner interfered with the surgery and it was no defence that the confectioner was there first.

48
Q

What is prescription in defences?

A

Where the activity has been going on for more than 20 years

49
Q

Case for prescription in defences.

A

Lawrence v Fen Tigers (2012)

50
Q

Why is statutory authority a defence?

A

When a public body is acting under legislative duty, there is no nuisance as their actions have been endorsed by Parliament.

51
Q

Case for statutory authority.

A

Allen v Gulf Oil

52
Q

An action of nuisance can be taken if Parliament had already enacted alternative remedies.
True or false.

A

False-it cannot be taken.

53
Q

Case for action of nuisance cannot be taken if Parliament had already enacted alternative remedies.

A

Marcic v Thames Water (2003)

54
Q

What is an injunction?

A

Stopping the D from carrying out the activity.
Can be partial

55
Q

Case for injunction in remedies.

A

Miller v Jackson (1977)

56
Q

Summarise facts of Miller v Jackson (1977).

A

Balls from a village cricket pitch occasionally went onto property causing minor damage.
No injunction as cricket was a focus in village life.

57
Q

Case for were partial injunction was issued.

A

Kennaway v Thompson (1981)

58
Q

Summarise facts of Kennaway v Thompson (1981).

A

Powerboat club tried to use same defence as Miller but failed as there was not the same level of community usefulness.
Received partial injunction.

59
Q

What are damages which could be given in private nuisance?

A

Damages in line with loss of value of land.
No damages for personal injury (claim for general negligence)
Damage must be reasonably foreseaable

60
Q

Case for damages in remedies.

A

Hunter v Canary Wharf (1997)

61
Q

Case for damage must be reasonably foreseeable (remoteness).

A

Wagon Mound (1966)

62
Q

What is abatement?

A

Where the C takes reasonable action to deal with the issue himself.

63
Q

Example of abatement.

A

Cutting of overhanging branches themselves.

64
Q

When is social utility of the D’s conduct considered in private nuisance?

A

Sometimes the court might accept there is a nuisance, but when deciding on remedies, they take into account the fact that the nuisance is socially useful.

65
Q

Case for social utility of the D’s conduct.

A

Dennis v MoD (2003)

66
Q

Summarise facts of Dennis v MoD (2003).

A

Nuisance was RAF fighter jets training overhead. This was deemed a nuisance and damages were awarded but there was no injunction as the nuisance had social utility

Paper 2-Civil Law (29 decks)

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