private nuisance

Question 1

what is the definition of private nuisance

Answer 1

interfering with a persons enjoyment with ones land

Question 2

what are the 3 elements to private nuisance

Answer 2

• claimant must have an interest in the land
• must be unreasonable use of the land which s the source of the nuisance
• claimant must suffer some harm

Question 3

claimant must have interest in the land + case

Answer 3

malone v laskey

Question 4

unreasonable use of land + case

Answer 4

• looks at the sensitivity of the claimant
• duration and time of the nuisance
• character of the area
• the foreseeability of the type f damage
• any act of malice Hollywood silver fox farm

Question 5

the claimant must suffer harm

Answer 5

• injury or inconvenience

Question 6

private nuisance defences + case

Answer 6

statutory authority - authorised by law
prescription- if they had been doingit for years- sturges v bridgman
damages
injunction