Public Nuisance

  • Created by: ElleW88
  • Created on: 10-12-19 16:20
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  • Public Nuisance
    • Definition: Act or Omission which materially affects the reasonable comfort and convenience of life of a class of Her Majestry's Subjects
      • A-G V Quarries 1957
      • Harper v Haden 1933
        • Temporary Inconvenience, law of give and take
    • Special Damage
      • Personal Injuries
        • Castle v St Augustine's Links 1922
          • The Claimant was a taxi driver who lost his eye when a golf ball was sliced onto the road from a tee on the D's
            • The Cliamant was entitled to recover in nuisance.
              • Balls had constantly been driven onto the road at that place. The duration or repetition of an obnoxious activity may sometimes be relevant.
      • Damage to Chattels
        • Halsey V Esso (infra)
          • From the defendant's land emanated acid smuts which damaged the claimant's car.
            • Could damages and an injunction be claimed despite the fact that Esso's nuisance was a public nuisance
              • Yes, special damage requirement satisfied. Damages may include those for inconvenience and pure economic loss
      • Pecuniary Interests
        • Rose V Miles 1815
          • A canal was blocked by the D, causing a public Nuisance
            • Could private claimant sue for damages due to nuisance's effect on the costs of transporting goods via that route?
              • Yes, Claimant had suffered special damage over and above the class mainly affected by the nuisance


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