#Exam 2(2)-Nuisance Flashcards
what are the two types of nuisance
public and private
what are features of public nuisance
class of people affected
claimant does not need interest
it can arise from activity not related to land
injunction and property damage can be claimed as well as PI
features of private nuisance
one person affected
claimant requires proprietary interest
Nuisance arises from unreasonable land use
injunction and damages awarded
two requirements to show public nuisance
class of people claimant must have special damage
attorney general v PYA quarries
nuisance in 30 homes
should not expect just one person to stop it
castle v St augustine links
car windscreen hit by golf ball
those with injury over public can sue
corby group litigation v Corby borough council
personal injury can be claimed
Halsey v Esso Petroleum CO LTD
Car paintwork damaged . claim can be made under both nuisances
what are the parts to private nuisance
must be parties to an action
unlawful interference
that is unreasonable
what must claimant be
must have interest in land
not member of family
what must defendant be
responsible for creating nuisance
adopting nuisance
natural causes but failure to deal with
does not need proprietary interest
sedleigh denfield v o callaghan
council fitted pipe which caused blockage
as monks aware then they still liable
leakey v national trust
landslide damages cottage
should have prevented nuisance
what does unlawful mean
does not mean illegal but that it was unreasonable
what are examples of indirect interferences
fumes smell noise vibrations fire oily smuts cricket balls in garden
