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Law > Torts connected to land: Nuisance > Flashcards

Torts connected to land: Nuisance Flashcards

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1
Q

What is a private nuisance?

A

When action can be taken as there has been unalwful interference with a person’s use or enjoyment of land coming from a neighbouring land

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2
Q

What can a claim be?

A

Indirect - smoke, smell, noise
Direct - damage to property, trees

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3
Q

What case can be used for an indirect claim?

A

Halsey v Esso Petroleum

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4
Q

What case can be used for physical damage?

A

St Helens v Tipping

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5
Q

What can’t be claimed through private nuisance?

A

Personal Injury
Negligence
Malone v Laskey

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6
Q

What are the parties to an action?

A

The Claimant
The Defendant

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7
Q

The claimant

A

Must have an interest in the land e.g., owner/tenant
Use or enjoyment of land has been affected by the interference

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8
Q

Hunter v Canary Wharf?

A

A member of the owner’s family, if don’t have interest, can’t claim

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9
Q

McKenna v British Aluminum

A

Children affected by fumes and smells, no interest in land, able to claim

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10
Q

The defendant

A

Person causing/allowing nuisance
Can’t have interest in land/family member

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11
Q

Who could the defendant be?

A

Local Authority
Tetley v Chitty

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12
Q

When can the Occupier still be liable?

A

If didn’t cause it but didn’t deal with it

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13
Q

What happened in Leaky v National Trust?

A

Slippage of natural natural mound damaged claimant’s cottage
Defendant liable as they knew slippage might happen and failed to prevent it
Due to natural causes

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14
Q

When will it be reasonable to claim?

A

Noise
Smell
Vibrations

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15
Q

When won’t it be reasonable to claim?

A

TV signal
Loss of view
Right to light

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16
Q

What happened in Laws v Florinplace Ltd?

A

Residents able to claim nuisance when shops, houses and restauranats were converted into the sex shops

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17
Q

What happened in Thompson-Schwab v Costaki?

A

Running a brothel was seen to be a nuisance

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18
Q

What happened in Fearn and Others v Tate Galley?

A

Overlooking doesn’t fall into nuisance as we have the right to view - told them to move or put curtains up

19
Q

What is prima - facie?

A

An obvious nusiance at first glance like physical damage

20
Q

What happens if the nuisance is not prima facie?

A

The courts will establish the resonable factors

21
Q

What are the different reasonable factors?

A

Locality
Duration
Sensitivity
Malice

22
Q

What is locality?

A

The character of the neighbourhood will be considered to estbalish whether the nuisance is reasonable

23
Q

What happened in Kennaway v Thompson?

A

Successfull is nuisance claim as locality of area changed

24
Q

What must the nusiance be ?

A

Continuous
Unreasonable times of day

25
Q

What happened in Crown River Cruises Ltd v Kimbolton Fireworks?

A

20 mins firework was held to be a nuisance

26
Q

What is sensitivity?

A

Not reasonable for D to be liable if C is particularly sensitive

27
Q

What happened in Network Rail Infrastrucutre v Morris?

A

Amps of electric guitar being sensitive to track circuit was not foreseeable so D not liable

28
Q

What is malice?

A

A deliberatley harmful act

29
Q

What happened in Hollywood Silve Fox Farm v Emmett?

A

Shooting the guns near the Mink was malice was D was liable

30
Q

What are the defences for nuisance?

A

Prescription
Consent
Moving to nuisance
Social benefit
Statutory Authority
Planning Permission

31
Q

What is prescription?

A

If action carried out for at least 20 yrs with no complain, D may have prescriptive right to continue

32
Q

What happened in Sturges v Bridgman?

A

Prescrpton failed as nuisance only began when consulting room was built

33
Q

What is consent?

A

Full defence
If consented, D not liable
C won’t receive any damaged

34
Q

What is moving to the nuisance?

A

Always fails
May argue only suffering nuisance as they moved closer but will fail
Miller v Jackson

35
Q

What is social benefit?

A

If D provides benefit, action may be reasonable

36
Q

What happened in Miller v Jackson?

A

Community use of cricket ground outwighed private use of garden so as not a nuisance

37
Q

What happened in Adams v Ursell?

A

Fish and chip shop was causing nusiance due to smell

38
Q

What is statutory authority?

A

If Parliament passes law which allows nuisance to happen, won’t be a nuisance
Allen v Oil Gulf Refining

39
Q

What is planning permission?

A

Not an absolute defence
Just evidence
If character of neighbourhood does change, could lead to nuisance being reasonable

40
Q

What happend in Gillingham Borough Council v Medway Dock Co?

A

No actionable nuisance because granting planning permission changed the character of neighbourhood

41
Q

What are some remedies?

A

Injunctions
Damages

42
Q

What are prohibitory nuisances?

A

Order D to stop causing nuisance

43
Q

What are positve nuisances?

A

Make D do something
Coventry v Lawrence

44
Q

What is abatement?

A

Entering D’s premises to prevent further nuisances

Law (104 decks)

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