Private nuisance law

  • Created by: _marxlee
  • Created on: 29-04-17 10:07
what is private nusiance?
protecting the right of a person to have quiet enjoyment of their land without interference from others
1 of 49
what sort of things could interfere with the enjoyment of land?
noise, smells, music
2 of 49
what does the interference have to be?
indirect
3 of 49
what is private nuisance based on?
the idea that wherever you live, you have a reasonable right to enjoy your land without interference from others
4 of 49
what are the 3 elements of private nuisance?
indirect interference, interference has restricted enjoyment of the land, interference was unreasonable
5 of 49
what counts as an indirect interference?
interference does not directly enter and damage your property.
6 of 49
if something or substance escapes and causes damage to your land, what would the law be under?
Ryland v Fletcher
7 of 49
what happened in the case of Dunton v Dover District Council
children playing in a playground opposite old people's home. this was an indirect interference of sounds. park shut at 6
8 of 49
what happened in the case of Bone v Seale?
smell from pig farm was counted as a nusiance when the pig sites were extended towards the claimants lands. smell was a nuisance
9 of 49
what happened in the case of Halsey v Esso Petroleum?
from the d's land emanated acid smuts which damaged the claimants car
10 of 49
what case links to the idea that interference with land can go beyond an interference that makes it physically unpleasant?
Thompson-Schwab v Costaki- sight of prostitutes entering and leaving neighbouring premises
11 of 49
what things will never amount to a nuisance?
unwanted telephone calls, light has been interfered with by a neighbour, his view has been interfered with or light has been blocked
12 of 49
what was the legal principle in the case of Hunter v Canary Wharf?
there is no right of action in nuisance for interference with tv reception
13 of 49
what factors do you need to consider when discussing whether interference was unreasonable?
locality, sensitivity of the C, duration of the nuisance, malice and public utility
14 of 49
what case links to locality and what was the legal principle?
sturges v bridgman 'what would be a nuisance in Belgrave square would not necessarily be so in Bermondsey'
15 of 49
true or false? a local authority can grant planning permission for new buildings or to allow certain uses on land, therefore are providing a defence to a person whose use of the land is complanined of
true
16 of 49
what case links with this idea?
Gillingham v Medway Dock
17 of 49
what case links with sensitivity of the claimant?
robinson v kilvert- 'abnormally sensitive' paper
18 of 49
what case is linked with duration of nuisance?
crown river cruises v kimbolton fireworks
19 of 49
what case is linked with malice?
christie v davey
20 of 49
what is meant by mailice?
wrongful intention, when a party behaved maliciously the courts will say that the interference is likely to be unreasonable
21 of 49
what is meant by public utility?
if the land that is being interfered with, is regarded as being socially useful, the courts are much more likely to decide that the interference is unreasonable and therefore a nuisance
22 of 49
what case is linked to this?
adams v ursell-fish and chip shop
23 of 49
what case is linked to this?
adams v ursell-odurs might amount to a sufficient interference to constitute to a nuisance
24 of 49
what must the claimant show?
that they suffered a loss of enjoyment that is substantial enough to be unreasonable.
25 of 49
who can sue?
only those who have an interest in the land affected
26 of 49
what kind of people have an interest in land?
owner, tenant
27 of 49
what can you be sued for?
physical damage and/or damage to any goods on the land, loss of enjoyment of use of land
28 of 49
who can be sued?
the person causing the nuisance, the owner or occupier of the land where the nuisance is coming from, if they created or authorised the nuisance
29 of 49
is the occupier is only liable for a nuisance that they did not create if they....
knew about it and, took not steps to prevent or reduce it
30 of 49
true or false? to prove nuisance you do not have to show that the occupier of the land was negligent
true
31 of 49
what are the defences to nuisance?
statutory authority, prescription, consent, contributory negligence, act of a stranger
32 of 49
what is meant by statutory authority?
when the d had been given authority, by statute, to acquire land and to use it to build something
33 of 49
what case is linked with statutory authority?
allen v gulf oil refining
34 of 49
what is meant by prescription?
when a nuisance has existed for 20 years and it is said to be a prescriptive right to continue it
35 of 49
what case is linked with prescription?
sturges v bridgman
36 of 49
was is meant by consent as a defence?
if the C has, at an earlier time, consented to the activity they cannot then claim it is a nuisance
37 of 49
what is consent not a defence to?
to claim that the nuisance is being caused by an activity which is useful to the area
38 of 49
what case is linked to consent?
miller v jackson
39 of 49
what is meant by contributory negligence?
when the d has made matters worse
40 of 49
how does this effect their damages?
may worsen them, or they may denied or reduced
41 of 49
what is it not a defence to?
when the d knew of the problem when they moved into a property.
42 of 49
what case does this link to?
sturges v bridgman
43 of 49
what is meant by act of a stranger?
if a third party or an act of nature causes the nuisance then this will be a defence
44 of 49
what are the remedies for private nuisance?
injunctions, damages, abatement
45 of 49
what is an injunction?
can be total or partial. partial injunction does not order an activity to cease but can limit it to certain times
46 of 49
what can damages be claimed for?
damage to the C's land or the loss of enjoyment of it. Also claimed for personal injury which is associated with the loss of enjoyment e.g. lack of sleep
47 of 49
what is an abatement?
self help to stop the nuisance e.g. trimming back overhanging trees.
48 of 49
what doesn't this allow?
a claimant to trespass on the d's land
49 of 49

Other cards in this set

Card 2

Front

what sort of things could interfere with the enjoyment of land?

Back

noise, smells, music

Card 3

Front

what does the interference have to be?

Back

Preview of the front of card 3

Card 4

Front

what is private nuisance based on?

Back

Preview of the front of card 4

Card 5

Front

what are the 3 elements of private nuisance?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

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