Private nuisance Flashcards

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1
Q

Hunter v Canary Wharf

Who can sue?

A

C must have an interest in the land

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2
Q

Hunter v Canary Wharf

Type of interference

A

Interference with television signals is not a type of recognised interference

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3
Q

Schwab v Costaki

A

Courts will compensate people for emotional damage

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4
Q

Tetley v Chitty

A

A defendant can be someone who allows the nuisance to be continued even if they didn’t cause it

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5
Q

Sadleigh v O’Callaghen

A

A defendant can be someone who doesn’t create the nuisance, is aware of it and does nothing about it

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6
Q

Leaky v National Trust

A

D can be someone who is aware that nuisance can be caused by natural causes.

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7
Q

St Helens Smelting v Tippling

A

An example of where a claimaint claimed for tangible damage

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8
Q

Halsey v Esso Petroleum

A

The C can only claim for intangible damage if it is “sufficiently serious”

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9
Q

Sturges v Brigman illustrates

A

The defence of prescription

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10
Q

Which two cases illustrate the defence of Statutory authority?

A

Allen v Grif oil refinery

Marcie v Thames water plc

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11
Q

What is the significance of the Water Industry Act 1991 in relation to a specific nuisance case?
(Hint: Marcie)

A

In the Marcie v Thames water plc case it meant that a claim in nuisance was disallowed but a remedy was provided anyway

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12
Q

Robinson v Kivert

A

A particular sensitivity of the claimant won’t make something unreasonable if it would otherwise be reasonable

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13
Q

Christie v Davies

A

Any malice on the defendant’s part will be considered

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14
Q

Private nuisance

def:

A

” the unreasonable indirect interference of a person’s use of enjoyment of his land.”

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15
Q

Has 3 elements:
1
2.
3.

A
  1. An indirect interference
  2. Damage caused
  3. Interference is unlawful, meaning unreasonable.
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16
Q

What is an indirect interference?

A

No direct force is used e.g noise, smell, vibrations

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17
Q

What are the two types of damage caused recognized by this tort.

A
  1. Tangible

2. Intangible.

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18
Q

What is tangible damage?

- Damage to ____ and p____. Any amount of physical damage is a____

A

land and property.

actionable.

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19
Q

Intangible damage is interference with the ___ and ___ of land

A

use, enjoyment.

20
Q

Which case is an example of when a combination of tangible and intangible damage has occurred?

A

Halsey v Esso Petroleum

21
Q

How will it be decided whether the interference is unlawful (unreasonable)?
- Question of ___ and ___ in each case

A

fact, degree.

22
Q

What six factors may contribute to element 3.

  1. T___
  2. L__ (and whether ___ had any choice as to where on his land it happened)
  3. M___
  4. S____ b___
  5. D___ and F___
  6. ____ of the C
A
  1. Time
  2. Locality (as well as whether D could’ve done it on another part of his land)
  3. Malice
  4. Social benefit.
  5. Duration and frequency,
  6. Sensitivity of the C.
23
Q

Leeman v Montague

A
  1. Normal activities done at unsocial hours is unlawful.

2. The locality was considered here.

24
Q

Cases for malice (two):

A

Christie v Davey

Hollywood silver fox farm v Emmett

25
Q

Public benefit cases (two)

- Note that d___ are more likely to be awarded than an ____

A

Miller v Jackson
Kennaway v Thompson

Damages, injunction.

26
Q

Duration and frequency case which says that a s___ interference is actionable if ___ enough

A

British Celanese Ltd v Hunt.

Single, severe

27
Q

A particular sensitivity of the C will not make an activity unreasonable.

A

Robinson v Kilvert

28
Q

What are the two defences to nuisance?

A
  1. Prescription

2. Statutory Authority.

29
Q

Statutory authority is a ____ defence

A

Complete

30
Q

Prescription is when the D claims what

A

The interference amounted to an actionable one in a 20 year period not that he has carried on for 20 years.

31
Q

Malone v Laskey

A

Family members or lodgers cannot sue for the nuisance

32
Q

Sadleigh v O’Callaghen

Hint: Occupier

A

An occupier can be sued even if they didn’t create the nuisance.

33
Q

3 types of damages.

  1. Special (quantifiable)
  2. General (unquantifiable)
  3. Nominal (out of sympathy, no real harm caused)
A
  1. Special
  2. General
  3. Nominal
34
Q

Injunctions can be ___ or ___

A

prohibitory or mandatory

35
Q

C must have an interest in the land. Case?

A

Hunter v Canary Wharf

36
Q

Courts will compensate people for emotional damage. Case?

A

Schwab v Costaki

37
Q

Interference with television signals is not a type of recognised interference. Case?

A

Hunter v Canary Wharf

38
Q

A defendant can be someone who allows the nuisance to be continued even if they didn’t cause it. Case?

A

Tetley v Chitty

39
Q

D can be someone who is aware that nuisance can be caused by natural causes.

A

Leaky v National Trust

40
Q

An example of where a claimaint claimed for tangible damage

A

St Helens Smelting v Tipping

41
Q

The C can only claim for intangible damage if it is “sufficiently serious”. Case?

A

Halsey v Esso Petroleum

42
Q

The defence of prescription is illustrated by the case

A

Sturges v Brigman

43
Q

Miller v Jackson

A

Public benefit case

44
Q

Kennaway v Thompson

A

Public benefit case

45
Q

Leeman v Montague

A

Time and locality case

46
Q

Hollywood silver fox farm v Emmett

A

Malice case

47
Q

British Celanese Ltd v Hunt.

A

Duration and frequency case which says that a single interference is actionable if severe enough