Defences To Nuisance

Question 1

Defences

Answer 1

Statutory Authority
20 year’s prescription 
Inevitable accident
Act of stranger 
Ignorance of state of affairs

Question 2

Statute can explicitly or implicitly authorise D’s nuisance

Answer 2

Allen v Gulf Oil Refining Ltd

Question 3

Explicit ‘nuisance clause’ not enough if not authorised in statute

Answer 3

Dept. Of Transport v North West Water Authority

Question 4

If D choses not to avoid nuisance then is liable

Answer 4

Met Asylum District v Hill

Question 5

Nuisance need to have been actionable for 20 years

Answer 5

Sturges v Bridgman

Question 6

Occupier only liable for act of stranger when nuisance is continued

Answer 6

Sedleigh-Dendield v O’Callaghan

Question 7

D unaware of state of affairs and not reasonable expected to be

Answer 7

Ilford UDC v Beal

Question 8

Ineffective defences

Answer 8

Coming into nuisance
Utility
Jus Tertii
Due to Many

Question 9

Coming into nuisance authority

Answer 9

Bliss v Hall

Question 10

Utility authority

Answer 10

Adams v Ursell

Question 11

Jus Tertii Authority

Answer 11

Nichols v Ely Beet Sugar Factory Ltd

Question 12

Due to many authority

Answer 12

Lambton v Mellish