Tort (Nuisance - Private)

Question 1

What is ‘Private Nuisance’. There are 3 components?

Answer 1

(1) CONTINUOUS activity / state of affairs
(2) Causing SUBSTANTIAL AND UNREASONABLE interference with C’s
(3) LAND or REASONABLE USE / ENJOYMENT of land

Question 2

What are the 4 elements that make up a claim under ‘Private Nuisance’?

Answer 2

(1) INDIRECT Interference
(2) RECOGNISED damage / loss
(3) CONTINUOUS act
(4) UNREASONABLE Interference

Question 3

One element of a claim under Private Nuisance is ‘INDIRECT Interference’. Give 3 examples of this and an example of what it does not include?

Answer 3

YES - (1) Sounds (2) Smells (3) Vibrations
NO - Trespass

Question 4

One element of a claim under Private Nuisance is ‘UNREASONABLE Interference’?

(1) What is the test of this?
(2) What 6 factors will be taken into account to decide this?

Answer 4

(1) Is the nuisance an UNREASONABLE use of the land?

(2)
(i) Time / duration
(ii) Locality
(iii) Abnormal sensitivity
(iv) Malice
(v) D lack of ‘Reasonable care’
(vi) Excessive Behaviour

Question 5

What are the 6 main defences for ‘Private Nuisance’?

Answer 5

(1) 20 years PRESCRIPTION
(2) Statutory Authority
(3) Consent
(4) Contributory Negligence
(5) Act of Third Party (stranger)
(6) Act of God

Question 6

A defence of a claim under ‘Private Nuisance’ is a ‘20 year Prescription’.

(1) What does this mean?
(2) If a factory has been on the land for 20 years but only started emitting smelly emissions 6 years ago can the defence be used?

Answer 6

(1) If the nuisance has been ACTIONABLE for 20 years or more
(2) NO - nuisance only ACTIONABLE for 6 years