Paper 2- Nuisance

Question 1

Nuisance

What is the definition of nuisance?

Answer 1

Private nuisance is an indirect, unreasonable interference with the claimant’s enjoyment or use of land.

Question 2

Nuisance

What is the definition of the claimant?

Answer 2

Person with proprietary interest in the land

Question 3

Nuisance

What is the case for the claiment?

Answer 3

Hunter v Canary Wharf

Question 4

Nuisance

What is the definition of the defendant?

Answer 4

A person who either causes or creates the nuisance, adopts the nuisance or allows the nuisance

Question 5

Nuisance

What is the case for the defendant?

Answer 5

Tetley v Chitty

Question 6

Nuisance

What is an indirect interference?

Answer 6

Something emitted from d’s land to the claimants. Must be a non-physical emission

Question 7

Nuisance

What are some examples of indirect interference?

Answer 7

Fumes drifting from a neighbouring land (Bliss v Hall)
Vibrations from industry machines (Sturges v Burges)
Loud noises (including gunfire) (Hollywood Silver Fox Farm v Emmett)
Pollution of river or seas (Pride of Derby and Derbyshire Angling Association v British Celanese)
Continuous interference from cricket balls (Miller v Jackson)
Hot air rising into other premises (Robinson v Kilvert)
Smuts from factory chimneys (Halsey v Esso Petroleum)

Question 8

Nuisance

What are the 5 Factors for unreasonable interference?

Answer 8

-Locality
-Timing and Duration
-Seriousness
-Sensitivity
-Malice

Question 9

Nuisance

What is locality?

Answer 9

How the land is used in an area e.g in a residential area the character of land would be houses

Question 10

Nuisance

What are the cases for locality?

Answer 10

Laws v Florinplace
Coventry v Lawrence

Question 11

Nuisance

What is timing and duration?

Answer 11

The interference should be continuous, not a one-off event

Question 12

Nuisance

What are the cases for timing and duration?

Answer 12

Bolton v Stone
Crown River Cruises v Kimbolton Fireworks

Question 13

Nuisance

What is seriousness?

Answer 13

There must be a balance between what is a case of mere discomfort and inconveniences and actual damage/

Question 14

Nuisance

What is the case for seriousness?

Answer 14

Halsey v Esso Petroleum Co

Question 15

Nuisance

What is sensitivity of the claimant?

Answer 15

C cannot use their land in a way that is hypersensitive and then complain of damage caused by D’s normal and reasonable actions

Question 16

Nuisance

What is the case for sensitivity?

Answer 16

Robinson v Kent

Question 17

Nuisance

What is Malice?

Answer 17

Deliberately mean or harmful act or acts of revenge will be seen as unreasonable and likely a nuisance. This goes for both side.

Question 18

Nuisance

What are the cases for Malice?

Answer 18

Hollywood Silver Fox Farms v Emmet
Christie v Davey

Question 19

Nuisance

What is foreseeability?

Answer 19

Foreseeability asks whether a person could be or should reasonably have foreseen the harms that result from their actions.

Question 20

Nuisance

What are the cases for Foreseeability

Answer 20

Wagon Mound
Cambridge Water Co v Eastern

Question 21

Nuisance

What is type of damage?

Answer 21

Nuisance covers indirect interference as well as physical damage which is a prima facie claim (unless due to c’s hypersensitivity). Nuisance does not cover personal injury.

Question 22

Nuisance

What are the 6 types of defences of Nuisance?

Answer 22

Prescription
Statutory Authority
Local Authority Planning Permission
Act of Stranger
Volenti non fit injuria
Public policy / social usefulness

Question 23

Nuisance

What is prescription?

Answer 23

Where an interference has continued for atleast 20 years and there has been no complain, then D has the right to continue.

Question 24

Nuisance

What is the case for perscription?

Answer 24

Sturges v Bridgman

Question 25

# Nuisance What is Stautory Authority?

Answer 25

If an activity is regulated or licenced by the environment or other laws, then this will provide an effective defnece

Question 26

# Nuisance What is the case for statutory authority?

Answer 26

Allen v Gulf Oil Refining

Question 27

# Nuisance What is Local Authority Planning Permission?

Answer 27

Permision from the local authority can be used as a defence, this must change the characteristic of the land e.g. industrial to residential

Question 28

# Nuisance What is the case for Local Authority Planning Permission?

Answer 28

Coventry v Lawrence

Question 29

# Nuisance What is Act of a stranger?

Answer 29

The act of a trespasser may be a defence unless the defendant adopts the nuisance

Question 30

# Nuisance What is Volenti non fit injuria and what are the 3 factors of it?

Answer 30

Consent. C can consent to nuisance but then cannot sue over it later. 1) Knowledge of risk 2) Free choice 3) Voluntary acceptance of risk

Question 31

# Nuisance What is public policy / social usefullness?

Answer 31

Social utility (usefullness) is important but not strictly a defence anymore- court have had to take a more flexible approach.

Question 32

# Nuisance What are the three remidies?

Answer 32

-Damages -Injunction -Abatement

Question 33

# Nuisance What are damages?

Answer 33

Available where claiment has suffered some loss or damage. Used to financially replace what the claimant has lost due to nuisance or to put them back in the position they were in before the nusiance occoured.

Question 34

# Nuisance What are injunctions?

Answer 34

A court order requiring the defendant to stop or limit the nuisance occouring. Prohibitory injunction- Force D to stop something Mandatory Injunction- Force D to do something

Question 35

# Nuisance What is Abatement

Answer 35

May involve entering d's permission in order to prevent further nuisance. E.g. a claiment might enter the land in order to chop down overhanging branches, although these would need to be returned to the defendant.