Tort: Nuisance Flashcards
Introduction
People have the right to do what they Want in their own home if it doesn’t annoy neighbours
If action continues beyond what is reasonable tort allows a claim.
Public nuisance requirements
A class of people (AG v PYA Quarries ltd)
Special Damage
Class of people
Class of people must be affected
Cases by case basis for “class”
Not every member. Just a cross section
AG v PYA Quarries ltd
30 local residents affected by dust, sound and noise.
Arguably not enough people
Enough we’re affected
Special Damage
Special damage can be personal damage
Can include financial loss, loss of trade, damage to goods etc
Obstruction to highway
Picket line
Noise and traffic disruption at badly organised events
Corby Group Litigation v Corby Borough Council
Local authority redeveloped a former steel works with toxic souls. Children born deformed
COA decides it is an unlawful act or omission which
Private nuisance
Nuisance from unreasonable enjoyment off property
Interference
Direct (malicious)
Indirect accident. Smoke and sound)
Hard to prove (noise complaint)
Hard to find balance. Prevents unnecessary claims
