Torts connected to land - Private Nuisance

Question 1

What are the three basic elements of a private nuisance claim?

Answer 1

Unlawful

Interference

Reasonableness of the use of land

Question 2

Which case states that a claimant must have an interest in land to sue for private nuisance?

Answer 2

hunter v canary wharf

Question 3

Which case states that an occupier who knows of a danger/nuisance and allows it to continue is liable even if it was created by a previous owner or trespasser?

Answer 3

Sedleigh Denfield v O’Callaghan

Question 4

Which case for private nuisance states that D can also be liable when a nuisance is a result of natural causes of which they are aware, but fail to fix?

Answer 4

Leakey v National Trust

Question 5

Which case is the authority for prescription and discusses the importance of location as a factor of reasonableness?

Answer 5

sturges v bridgman

Question 6

For which defence is Allen v Gulf Oil Refinery an authority?

Answer 6

statutory authority

Question 7

Which case for private nuisance shows that the courts cannot impose a duty of care which is impossible to fulfil?

Answer 7

Holbeck Hall Hotel v Scarborough BC

Question 8

What are the five factors of reasonableness?

Answer 8

Locality

Duration

Sensitivity of the claimant

Malice

Social benefit

Question 9

What is private nuisance?

Answer 9

An unlawful interference with a person’s use or enjoyment of land coming from neighbouring land.

Question 10

Which case is the authority for social benefit as a factor of reasonableness?

Answer 10

miller v jackson

Question 11

which case shows that it may not always be the case for social benefit?

Answer 11

adams v ursell

Question 12

What are the three recognised categories of nuisance from the decision in Hunter v Canary Wharf?

Answer 12

encroachment

physical damage

c enjoyment of their property

Question 13

which case shows that there can be a combination of nuisances?

Answer 13

miller v jackson

Question 14

Which case for private nuisance shows that emotional distress will be considered for interference?

Answer 14

thompson-schwab v costaki

Question 15

What are the main defenses to a private nuisance claim?

Answer 15

prescription

statutory authority

moving to the land

Question 16

which case shows that if it can be shows that c is particularly sensitive, then the action may not be nuisance?

Answer 16

Robinson v Kilvert

Question 17

How has the test for sensitivity of the claimant developed in Network Rail Infrastructure v Morris

Answer 17

it has moved to a general test of foreseeability

Question 18

Which case set the precedent for prescription?

Answer 18

Sturges v Bridgman

Question 19

Which case is the authority for malice as a factor of reasonableness?

Answer 19

hollywood silver fox farm v emmett

Question 20

which case shows that disruption to tv reception was not sufficient interference?

Answer 20

hunter v canary wharf

Question 21

state the case for duration

Answer 21

Crown River Cruises v Kimbolton Fireworks

Question 22

what is prescription?

Answer 22

Having become legally established or accepted by long usage or the passage of time

Question 23

what is moving to a nuisance?

Answer 23

Not a defence to argue that the nuisance only exists because the claimant has moved closer to the nuisance

Question 24

what is statutory authority?

Answer 24

Act of Parliament or planning permission allows the nuisance