Nuisance (Paper 2) Flashcards

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1
Q

Definition of private nuisance

A

The unlawful, or unreasonable, interference with a person’s use or enjoyment of land

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2
Q

Lord Goff quote in Cambridge Water

A

The fact that D has taken all reasonable care will not exonerate him

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3
Q

Hunter v Canary Wharf

A

C must demonstrate an appropriate legal interest in the land

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4
Q

Three factors to consider for nuisance

A

Location, duration, motive and malice of D

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5
Q

Location case

A

Leeman v Montague

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6
Q

Types of location and levels of reasonableness

A

Industrial, business, commercial area involves more noise, whereas residential, rural, countryside involves less noise

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7
Q

St Helens Smelting v Tipping

A

If the nuisance causes physical damage to the claimant’s land, the issue of location is irrelevant

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8
Q

Duration

A

The more long lasting an interference, the more likely it is to be a nuisance (Cunard v Antifyre)

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9
Q

De Keyser’s Royal Hotel

A

Even if an interference is short in duration, it could still be unreasonable because of the time of day

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10
Q

Crown River Cruises v Kimbolton

A

An interference which is short in duration may still be a nuisance if it causes damage to land

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11
Q

Motive and malice of the defendant meaning

A

If the activity of D is motivated by malice, it is likely to be unreasonable (Christie v Davey)

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12
Q

Interference with the claimant’s recreational activities

A

Claims where the interference is with a recreational activity will usually fail (Hunter v Canary Wharf)

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13
Q

Statutory Authority

A

Used as a defence where an Act of Parliament gives permission for the nuisance (Allen v Gulf Oil)

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14
Q

Planning Permission

A

Character of the neighbourhood has changed and therefore the interference is now unreasonable (Gillingham Council v Medway)

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15
Q

Prescription

A

Claimant has tolerated the nuisance for a substantial amount of time, at least 20 years

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16
Q

Volenti-non-fit-injuria

A

Claimant expressly or impliedly consents to the nuisance

17
Q

Contributory Negligence

A

The Law Reform (Contributory Negligence) Act 1945 states the claimant’s compensation is reduced according to their own responsibility for the damage/nuisance