Public nuisance in tort

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  • Created by: _marxlee
  • Created on: 29-04-17 12:35
What is meant by public nuisance?
an action that affects the reasonable comfort and convenience of a class of people
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who can claim?
only the person who has suffered particular damage (over and above that of the general public)
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what type of nuisance might effect a class of people?
road accident
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what case held that to affect a class nuisance should be so large that it shouldnt be up to an individual to try and stop it but should be the responsibility of the community at large?
Attorney general v pya quarries
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what happened in the case of rose v miles?
A canal was blocked by the defendant, causing a public nuisance. The claimant had suffered special damage over and above the class mainly affected by the nuisance
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who can take action about a public nuisance?
in crime- the attorney general on behalf of the public, a local authority. in tort-a person who has suffered damage over and above that suffered by the public in general
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what happened in the case of castle v st augustine links?
a car was hit by golf balls while driving over a golf course. any motorist who was using the road could be in the class.
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what remedies are available to individuals suffering from a public nuisance?
damages, injunction
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what can a person claim damages for?
personal injury and special damage they or their property may have suffered
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why can an injunction be given?
to stop the nuisance continuing
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Other cards in this set

Card 2

Front

who can claim?

Back

only the person who has suffered particular damage (over and above that of the general public)

Card 3

Front

what type of nuisance might effect a class of people?

Back

Preview of the front of card 3

Card 4

Front

what case held that to affect a class nuisance should be so large that it shouldnt be up to an individual to try and stop it but should be the responsibility of the community at large?

Back

Preview of the front of card 4

Card 5

Front

what happened in the case of rose v miles?

Back

Preview of the front of card 5
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