Private Nuisance

Question 1

Cambridge water

Answer 1

Lord goff ‘the fact that D took reasonable care does not in itself exonerate him

Question 2

Leeman v montague

Answer 2

Locality factor- 750 cockerels in a residential area is not reasonable, extreme & excessive

Question 3

St Helens smelting

Answer 3

If there is physical damage the location is irrelevant

Question 4

De Keyser’s hotel

Answer 4

If duration is limited but unreasonable hours, D is liable

Question 5

Crown river cruises

Answer 5

Duration only 20 mins but physical damage helped class it as nuisance

Question 6

Heath v mayor of Brighton

Answer 6

Abnormal sensitivity is ignored

Question 7

Christie v Davey

Answer 7

Harmful deliberate acts make D liable

Question 8

Miller v Jackson

Answer 8

If nuisance has social benefit outweighing the nuisance, won’t be liable

Question 9

Hunter v Canary Wharf

Answer 9

D not libel if interferes with recreational activities

Question 10

Hammersmith & city railways v Brand

Answer 10

Public body not liable for nuisance if obliged to do by act of parliament

Question 11

Wheeler v Saunders

Answer 11

Planning permission allowed as defence if changes character of neighbourhood

Question 12

Lawrence v Fen tigers

Answer 12

Not a defence to come to the nuisance

Question 13

Kennaway v Thompson

Answer 13

Injunctions can be tailored to meet exact circumstances of the case

Question 14

Lemmon v Webb

Answer 14

Abatement- form of self help