TORTS - NUISANCE

Question 1

What is nuisance?

Answer 1

• Concentrates on the protection of a right or interest & usually associated with land
• Considers OUTCOME of the action & not the standard of care exercised.

Question 2

Public Nuisance?

Answer 2

• Involves carrying on any activity which may cause inconvenience or annoyance to public or section of public.
• Crime & usually handled by police
• Can be private if individual suffers greater damage.

Question 3

Private Nuisance?

Answer 3

• Unlawful interference with a persons use or enjoyment of their land.

Question 4

To be successful in action against private nuisance, there must be what?

Answer 4

1. Damages to plaintiff’s land or property
2. Needs to be shown that nuisance has existed for a period of time & not a brief ‘one off’ instance.

Question 5

Private nuisance, what can it be?

Answer 5

• Smoke
• Dirt
• Dampness
• Smells
• Vibrations

Question 6

Defences for Nuisance?

Answer 6

1. Statutory Authority
2. Lawful use of land; can prove that their land doesn’t prove nuisance
3. Prescription; Prescription Act 1832, if nuisance has existed consistently for more than 20 years, cannot be challenged.
4. Triviality; if defendant can prove nuisance is small & trivial and does not cause any loss or damage

Question 7

Remedies available for Nuisance?

Answer 7

1. Damages - compensation paid as result of damage caused.
2. Injunction - application made to court to order the defendant to stop any further acts that would continue nuisance.
3. Abatement - taking law into ones hands to remove/stop nuisance, must not infringe anothers rights.