Private Nuisance

Question 1

what is the genral law for peoples property

Answer 1

they con do what they want so long as its lawful and doesnt infringe contractual agreements

Question 2

when does private nuisance apply

Answer 2

when one party is affected

Question 3

what is the definition of pn

Answer 3

the unlawful interfernace with a personas use or enjoyment of land comming from neibouring land

Question 4

what must c have to bring a claim + case

Answer 4

intrest in the land affected by the nuisance
Hunter v Canary wharf

Question 5

who can bring about the claim

Answer 5

and owner or tennant of the land but not a member of the family with no legal interst

Question 6

who will the defendant be in a pn claim

Answer 6

the cause or allower of the nuisance
including nuisance from before d moved in

Question 7

give a case for ‘adopting nuisance’

Answer 7

Sedleigh Denfeild v O’Callaghan

Question 8

can d be liable if the nuisance is cased by a natral event and they are aware of it + case

Answer 8

yes
Leaky v National trust

Question 9

what are the 3 elements of np

Answer 9

is there an interferance
is the use of land unlawful
was damage caused

Question 10

what are the 2 types of interferance with land

Answer 10

direct
indirect

Question 11

what is a direct interferance with land

Answer 11

a positive act eg banging on walls

Question 12

what is an indirect interferance with land

Answer 12

interprated to include various actions eg
fumes, smell, noise, vibrations,fire ect

Question 13

what is unlawful use of land

Answer 13

the use of land is unreasonable

Question 14

what is the test for unlawful use of land

Answer 14

‘in all circumstances is it reasonable for c to have to suffer in the particular interferance’

Question 15

in what circumstances can c not bring action as its not unlawful use of land

Answer 15

to protect the view of their house
the right to light
tv reception

Question 16

how is the type of interferance determined

Answer 16

the material facts of the case

Question 17

what are all the factors of reasonableness

Answer 17

locality
duration
sensitivity of c
malice, social benifit
damage
human rights

Question 18

give the case for locality

Answer 18

Stages v Bridgeman

Question 19

give the case for duration

Answer 19

crown river crusies ltd v kinbolton fireworks ltd

Question 20

give the case for sensitivity of c

Answer 20

robinson v kilrert

Question 21

give the case for malice

Answer 21

hollywood sliver fox farm v emmett

Question 22

give the case for damage (factors of reasonableness)

Answer 22

st helens smelting go v tipping

Question 23

give the case for human rights

Answer 23

Hatton v uk

Question 24

what does locality look at

Answer 24

reasonableness of the nuisance based on the area the land is on

Question 25

what does duration look at

Answer 25

the length the nuisance has gone on for

Question 26

what does sensitivity of c look at

Answer 26

is the action reasonable/ is c a pussy

Question 27

what does malice look at

Answer 27

are d actions out of spite

Question 28

what does social benifit look at

Answer 28

are the actions/outcome for the greater good

Question 29

what does damage look at (factors of reasonableness)

Answer 29

loss of amenity v property/actual damage

Question 30

where are the provisions for nuisance for human rights set out

Answer 30

human rights article 8

Question 31

what two things are looked at for damage

Answer 31

factual causation remoteness of damage

Question 32

what is the case and test for factual causation

Answer 32

but for barnett

Question 33

what is the test and case for remoteness of damage

Answer 33

was the harm reasonably forseeable the wagon mound