Private Nuisance

Question 1

Define the tort of Private Nuisance

Answer 1

an unlawful, indirect interference with a person’s use or enjoyment of land

Question 2

What must claimants have in a land

Answer 2

They must have a legal interest in the land

Question 3

Case for legal interest

Answer 3

Hunter v Canary Wharf - Claimants who did not own or were not tenants could not claim

Question 4

Identify Defendant definition

Answer 4

Any person whose activities cause unlawful interference with another’s use or enjoyment of the land

Question 5

Defendant adopted the nuisance case

Answer 5

Sedleigh v O’Callaghan : D knew of installed pipe but did nothing about it

Question 6

Defendant authorizing nuisance

Answer 6

Tetley v Chittey : D knew lease for go - karting would cause nuisance

Question 7

Defendant (Natural Act)

Answer 7

Leakey v National Trust : D knew land could slip which it did, damaging C’s cottage

Question 8

Interference definition

Answer 8

Causing physical damage or loss of enjoyment in the land

Question 9

Interference Noise Case

Answer 9

Sturges v Bridgman : Vibrations from industrial machinery

Question 10

Interference Smell Case

Answer 10

Bliss v Hall : Fumes from neighbouring land

Question 11

Interference Continuous

Answer 11

Miller V Jackson : Cricket balls

Question 12

Interference Shops

Answer 12

Laws v Florinplace: adult shop in a residential area

Question 13

Explain Unlawful

Answer 13

Court will ask itself whether it is reasonable for the claimant to have to suffer particular interference

Question 14

Unlawful - Locality Case

Answer 14

Sturges v Bridgman : caused substantial and unreasonable interference with a neighbours use of their property, even if activity existed first

Question 15

Unlawful - Duration Case

Answer 15

Crown River Cruises v Kimbolton: D’s firework display lasted 20 minutes and debris caused physical damage

Question 16

Unlawful - Degree of Interference Case

Answer 16

Murdoch v Glacier Metal: No nuisance as there was a considerable amount of noise from a nearby road

Must materially interfere with ordinary existence to be unlawful

Question 17

Unlawful - Sensitivity of Claimant Case

Answer 17

Bridlington Relay v Yorkshire Electricity: No nuisance as power cables would not have interfered with an ordinary use of land

Question 18

Unlawful - Social Utility Case

Answer 18

Denis v Ministry of Defence: Nuisance with award of damages as flights were needed to allow country to defend itself

Question 19

Unlawful - Malice Case

Answer 19

Christie v Davey: D annoyed of piano so banged on wall. Unlawful as it was deliberate

Question 20

Types of Defences

Answer 20

• Statutory Authority
• Prescription

Question 21

Types of Remedies

Answer 21

• Injunction
• Damages
• Abatement

Question 22

Statutory Authority

Answer 22

Public body is allowed to cause a nuisance if it is acting in accordance with legislation

Question 23

Statutory Authority Case

Answer 23

Allen v Gulf Oil Refining: Oil Refinery was built under powers contained in an Act of Parliament

Question 24

Prescription

Answer 24

If D has committed a nuisance without objection from C for a period of twenty years, no liability arises

Question 25

Prescription Case

Answer 25

Sturges v Bridgman: D's business only became a nuisance when clt moved next door, so period of time was not long enough to qualify

Question 26

Injunction

Answer 26

Court order either prohibiting or controlling an activity

Question 27

Injunction Case

Answer 27

Kenaway v Thompson: Injunction granted to limit the use of the lake, close to C's house, for the racing of motor boats

Question 28

Damages Case

Answer 28

Shelfer v City of London Electrical Lightin co set out that damages should replace an injunction when: - Injury to Clts rights was small - clt can be compensated by a small amount of money

Question 29

Abatement

Answer 29

Clt takes reasonable steps to deal with any nuisance themselves

Question 30

Abatement Case

Answer 30

Lemmon v Webb: Clt chopped down overhanging branches to avoid a nuisance