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
    • 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.
    • LIABILITY FOR LANDLORDS
      • TETLEY V CHITTY
        • The landlord may also be liable for nuisance caused by tenants if he authorises their activity.
    • DURATION
      • CROWN RIVER CRUISES
        • Can be liable, even for a one-off incident
    • MALICE
      • CHRISTIE V DAVEY
        • Considers the motives of the defendant
      • HOLLYWOOD SILVER FOX FARM
    • SENSITIVITY
      • ROBINSON V KILVERT
        • Nuisance only protects 'reasonable' uses of land
    • 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
    • INJUNCTIONS
      • KENNAWAY V THOMPSON
        • Used as remedies to lessen nuisance

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