Tort Law: Private Nuisance

?
What is private nuisance?
An unlawful interference with / concerning an area of land
1 of 32
What does fluid stand for?
Foreseeability, locality, utility, duration
2 of 32
What are the requirements to bring a claim on private nuisance?
You have to have some form of 'interest' in the land to bring a claim
3 of 32
What is 'interest' in this context?
You have to own the land, or has possession of the land
4 of 32
What is a case regarding only being able to make a claim if you have interest?
Malone v Laskey 19077 CoA
5 of 32
What happened in this case?
A wife tried to bring a claim, but the court ruled that she was too far removed from the situation/land and she had no interest in the property
6 of 32
What is a case regarding harassment?
Khorasandjin v Bush 1993 CoA
7 of 32
What happened in this case?
Bush was harassing the claimant, and she argued that this amounted to private nuisance (phone calls to home) the CoA stated that she did not have interest, however the calls are associated with the house - so there is some link
8 of 32
What happened as a result of this case?
The Protection from Harassment Act 1997 was introduced
9 of 32
What is a main case including the HoL?
Hunter v Canary Wharf 1997 HoL
10 of 32
What happened in this case?
Construction work at Canary Wharf caused noise, interference with Tv and views: HoL ruled that this did not amount to a private nuisance
11 of 32
What is a case involving children?
McKenna v British Aluminium 2002
12 of 32
Who can be sued?
The creator of the nuisance (can be anybody), the occupier (does not have to be the owner, so it covers tenants) the landlord (if he authorised the nuisance, existed before the lease was granted, or has a statutory obligation or a right of repair)
13 of 32
What is a case involving tresspassers?
Sedliegh-Denfield v O'Callaghan 1940 (HoL)
14 of 32
What happened in this case?
A trespasser put something in front of a pipe, blocking it, water flowed not othe claimant's land. Landowner is liable if they continue a problem/dont prevent it/change it/stop it/no effort to do anything about it
15 of 32
What is a case regarding not putting in an effort to stop a problem?
Defendant refused to remedy known problems in their land, which fell onto the claimant's homes, national trust should have done something about it - duty to be 'reasonable'
16 of 32
What is a requirement for a nuisance?
It must be foreseeable
17 of 32
What are the different types of damage?
Physical damage (easy to prove), personal inconvenience, interference with enjoyment, amenity damage (hard to prove, complex, such as use and enjoyment of land)
18 of 32
What is a case involving interference being reasonable?
Southwark v Mills 1999
19 of 32
What happened in this case?
'What is reasonable from the point of view of one party, might be completely unreasonable from the point of view of the other'
20 of 32
What is a case example of foreseeability?
Rickards v Lothian 1913
21 of 32
What happened in this case?
Malicious act of a third party, turned taps on full blast upstairs which flooded the property - not foreseeable that this would happen
22 of 32
What is a case example on sensitivity?
Heath v Brighton Corporation 1908
23 of 32
What happened in this case?
Noise interference from electricity generator station nearby the church - over sensitive, no injunction
24 of 32
What is a case example on locality?
Sturges v Bridgeman 1879
25 of 32
What happened in this case?
'What would be a nuisance in Belgrave square would not necessarily be so in Bermondsey (basically saying a nuisance is more likely to be a nuisance in a posh area
26 of 32
What is a case example of utility?
Dennis v MoD 2003
27 of 32
What happened in this case?
RAF training centre, very loud planes, complaints from residents - no injunction, normally would be
28 of 32
What is a case example on duration?
De Keysers Royal Hotel v Spicer Bros 1914
29 of 32
What happened in this case?
Pile driving at night affected peoples sleep - even though it was temporary, judge gave an injunction because it was continuous - not to do it at night and let people sleep
30 of 32
What is a case example on intention?
Christie v Davey 1893: piano lessons do not amount to a nuisance, but deliberate loud noises could be
31 of 32
What case said that you need an interest in the land for private nuisance?
Hunter v Canary Wharf
32 of 32

Other cards in this set

Card 2

Front

What does fluid stand for?

Back

Foreseeability, locality, utility, duration

Card 3

Front

What are the requirements to bring a claim on private nuisance?

Back

Preview of the front of card 3

Card 4

Front

What is 'interest' in this context?

Back

Preview of the front of card 4

Card 5

Front

What is a case regarding only being able to make a claim if you have interest?

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 Tort resources »