Evaluation of nuisance Flashcards
1
Q
Neighbourly disputes may get out of control…
A
- May lead to ongoing problems so people are encouraged to use ADR to deal with problems.
- ADR allows both parties to put their cases forward and come to a deal which suits both parties.
- Less confrontation so hopefully allows them to get on in the future.
2
Q
Nuisance may not cover all aspects that people feel it should…
A
- Does not cover things such as interference of a persons view, or obstruction of light and TV signal.
- Some feel that because of this it goes against the definition of enjoyment of land.
- This was stopped in Hunter v Canary wharf due to floodgate arguments.
- Seems strange won’t protect these things but will protect feelings of emotional stress.
3
Q
Are issues with who is able to make a claim…
A
- In Hunter V Canary wharf they confirmed that they must have an interest in the land in order to be able to make a claim.
- Given that people may work/ study from home this seems unfair to stop them claiming.
- Reform may be to change who is able to make a claim.
4
Q
Inconsistency when deciding upon social benefit of an activity…
A
- Seems unclear when the interference is reasonable or unreasonable.
- Many people feel that when its providing a social benefit the interference should be reasonable.
- Conflicting decisions in Miller V Jackson and Adams V Ursell.
5
Q
If they provide a benefit to society they should be awarded damages not inunction…
A
- If it provides a social benefit they should be awarded damages not an injunction.
- So the benefit it reflected in the award rather than the outcome.
- Case of Dennis V MOD shows changing views of awarding injunctions.
6
Q
Overlap between Nuisance and negligence…
A
- Seems to be lots of overlap between the two torts.
- Key differences are that nuisance mainly involves issues with land while negligence is many personal injury.
- In nuisance there does not need to be a duty of care.
- Negligence usually awards compensation while in nuisance the main remedy is an injunction.
