unit 2 outcome 2 civil law cont

Question 1

outline law of nuisance

Answer 1

The law of nuisance protects the right to reasonable convenience and comfort in life
Deals with the competing land uses and which use of land should take precedencee

Question 2

Identify the two types of nuisance

Answer 2

Private nuisance
Pubic nuisance

Question 3

outline Private nuisance

Answer 3

When an act or omission substantially and unreasonably interferes with an individuals comfort in life and use and enjoyment of their land

Question 4

outline Public nuisance

Answer 4

when to a considerable degree, an act or omission interferes with the comfort and convenience of a number of people. To have an action for public nuisance, any affected person would need to show that they have suffered “special damage”

Question 5

define “special damage”

Answer 5

damage that extends beyond what may have been experienced by other members of the public

Question 6

provide an example of public nuisance

Answer 6

the ability to access a public place is somehow restricted; rubbish being left on public property etc

Question 7

What rights does the law of nuisance specifically protect

Answer 7

Enjoy ones land
Freedom of movement
Seek a remedy if lack of comfort and or lack of convenience is experienced

Question 8

Identify the three elements of nuisance law

Answer 8

1.The plaintiff has rights over, or in, the land

2.There has been interference with plaintiffs use of and enjoyment of land

3.Plaintiff has suffered loss/damage

Question 9

Expand on element “The plaintiff has rights over, or in, the land

Answer 9

I.E The plaintiff has an interest in the land e.g owner or tenant

Question 10

Expand on element “There has been interference with plaintiffs use of and enjoyment of land”

Answer 10

Such interference might have involved dust, noise, smell, water. The court needs to determine whether the interference was “reasonable” or “unreasonable”
e.g ordinary use of land; time of day; ongoing

Question 11

Expand on element “Plaintiff has suffered loss/damage”

Answer 11

The interference has resulted in loss/damage. The loss might have been “material” (financial/property damage) or “non material” (psychological suffering) in nature

Question 12

Where does Nuisance law stem from

Answer 12

common law

Question 13

Outline the time a General Nuisance claim can be made and provide an example

Answer 13

Can be made within six years from the date on which the action occurred
e.g property damage

Question 14

Outline the time claims involving injury, disease, or disorder can be made

Answer 14

three years from which injury was discovered

Question 15

How can time to launch a nuisance claim become extended

Answer 15

The initiating party/aggrieved party can apply to court to have the timeframe extended

Question 16

Outline the defense Statutory Authorisation

Answer 16

A defense which can be mounted by postal workers, metre readers, council workers, ect.
The law allows particular individuals to enter ones property

Question 17

outline the defense Consent

Answer 17

The defendant can argue the plaintiff provided consent for the action which caused loss

Question 18

outline the defense Reasonable Use of Land

Answer 18

The defendant can argue the use of land (the alleged act of nuisance) did not go beyond existing standards and expectations
i.e the action/omission was not unreasinable

Question 19

outline impacts of nuisance on the plaintiff

Answer 19

mental health- depression, anxiety, stress
Quality of life-house near golf course
Buisness-e.g loss of customers

Question 20

outline impacts of nuisance on the defendant

Answer 20

inconvenience-need to attend conferences and court

Financial impact-legal costs, damages