Nuisance

?
View mindmap
  • Nuisance
    • Private
      • Who can sue?unlawful indirect interferences with person’s use of and enjoyment of land
        • C needs proprietary interest in land; owner or tenant (Hunter V Canary Wharf)
      • Who can be sued? Doesn’t need interest in land, person causing or allowing nuisance- Tetley V Chitty- may have ‘adopted’ nuisance failing to deal with it
      • Nuisance resulted from natural cause they are aware of but fails to deal with-Anothony V Coal Authority- Liable, aware of problem while in control and failed to deal with it
      • 1)indirect interference- frivolous claims not actionable-Hunter V Canary Wharf- ‘a thing of delight’ is not actionable in nuisance
        • Emotional distress/moraloutrage- Thompson Schwarb V Costaki- sight of prostitues and clients entering and leaving held to amount to actionable nuisance as activity considered offensive
      • 2) unlawful (physical, discomfort-unreasonable)- not illegal=reasonable, D does not need to be at fault. Actual physical damage is prima facile actionable (Halsey V Essa)
      • A)sensitivity- D not responsible if abnormally sensitive-Robinson V Kilvert- paper exceptionally delicate, hot air not usually damage paper
        • Exception- McKinnon industries V Walker- right to ordinary enjoyment had been infringed, c could also claim protection from his unusual activity
      • B)locality- St Helen’s Smelty co V Tipping- personal discomfort=put up with common level to area. Damage to property- not expected to put up with
        • Depends of character of area- Sturges V Bridgeman- area mostly doctors consulting rooms, nuisance in quiet area not necessarily one in busy one
      • C)duration-noise at night more unreasonable than during day-Crown river cruise V Kimbolton fireworks- one offs only liable if damage
      • D) malice-Christine V Davey- malicious motive made D’s conduct unreasonable
        • Hollywood silver fox farm V Emmet- entitled to shoot, but had malicious motive
      • E)public benefit-Cambridge water V eastern counties leather- loss but be reasonably foreseeable
        • D’s fault irrelevant, C cant claim personal injury- tort against land not person
    • Public
      • ‘A clas’- PYA Quarries- mostly for road obstruction but could be for:picket line/noice and traffic at festival
      • Tort:special damage to C-Benjamin V Starr- had affected all shopkeeps but prone to special damages as smell of horses put off customers
        • Castle V St Augustine- confirmed special damages for personal injury can be claimed in public nuisance
      • Personal injury- Corby group litigation V Corby borough council- not confined to loss of enjoyment of land, but unlawful acts or omissions that endanger safety, property or comfort or public

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »