Nuisance
- Created by: jesskeayy
- Created on: 15-04-17 16:07
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- Nuisance
- Part of tort law most closely connected with the protection of the environment.
- Claims can take the form in: private nuisance, public nuisance and statutory nuisance.
- Concerned with the uses of land.
- Private nuisance: occurs where a person's use or enjoyment of their land is unlawfully interfered with by another person on their land.
- Interference: must be indirect. The nuisance must arise as an indirect consequence of a direct action.
- The tort is concerned with the balance of opposing int...rests of both parties to make lawful use of their land. The courts regard to...
- THE EXTENT OF THE HARM
- THE NATURE OF THE USE INTERFERED WITH
- WHO CAN SUE?
- MALONE V LASKEY
- Claimant must have an interest in the land
- HUNTER V CANARY WHARF
- MALONE V LASKEY
- CAUSED BY ACTS OF NATURE
- GOLDMAN V HARGRAVE
- Occupier will be liable if they fail to take positive steps to abate the nuisance
- LEAKEY V NATIONAL TRUST
- HOLBECK HOTEL V SCARBOROUGH COUNCIL
- Use of the 'reasonable man test'
- USE OF THE 3-PART TEST AFTER CAPARO. 1. FORESEEABILITY. 2. PROXIMITY. 3. FAIR JUST AND REASONABLE.
- GOLDMAN V HARGRAVE
- LIABILITY FOR LANDLORDS
- TETLEY V CHITTY
- The landlord may also be liable for nuisance caused by tenants if he authorises their activity.
- TETLEY V CHITTY
- DURATION
- CROWN RIVER CRUISES
- Can be liable, even for a one-off incident
- CROWN RIVER CRUISES
- MALICE
- CHRISTIE V DAVEY
- Considers the motives of the defendant
- HOLLYWOOD SILVER FOX FARM
- CHRISTIE V DAVEY
- SENSITIVITY
- ROBINSON V KILVERT
- Nuisance only protects 'reasonable' uses of land
- ROBINSON V KILVERT
- PRESCRIPTION
- STURGES V BRIDGMAN
- Nuisance cannot be actioned if there has been no complaint of it happening for 20+ uears
- PLANNING PERMISSION
- WHEELER V SAUNDERS
- Nuisance can arise even with planning permission
- WHEELER V SAUNDERS
- STURGES V BRIDGMAN
- INJUNCTIONS
- KENNAWAY V THOMPSON
- Used as remedies to lessen nuisance
- KENNAWAY V THOMPSON
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