Intro to private nuisance 1

Question 1

This topic focuses on duties imposed upon….

Answer 1

Duties imposed upon occupiers of land (Steele, 4th ed)

Question 2

PN is … than negligence

Answer 2

stricter

Question 3

What does the rule in Ryland’s appear to determine

Answer 3

-That there is liability for damage done by the escape of dangerous things accumulated on one’s land regardless of fault

Question 4

Definition of PN

Answer 4

any activity or a state of affairs causing a substantial and unreasonable interference with (i) C’s land or (ii) C’s use or enjoyment of that land.

Question 5

Gist of liability in PN is

Answer 5

the unreasonable interference with the C’s interest. (The effect on property, not whether how the D behaved, a reasonable person would do the same).

Question 6

Two cautionary comments on PN law

Answer 6

• that it is ‘vague’- (Newark)

- ‘It is necessary to turn to previous decisions to determine whether an interference is actionable’- Steele (4th ed)

Question 7

what 2 other causes of action apart from PN protects interests in land

Answer 7

• Trespass to land

- public nuisance (puN)

Question 8

what is the definition of trespass to land

Answer 8

any direct and unjustifiable interference with land in the possession of another; actionable per se [intrinsically wrongful].

Question 9

definition of public nuisance

Answer 9

unlawful conduct that materially affects the comfort and convenience of a class of her majesty’s subjects: e.g., interference with the public’s right of passage along the highway (Castle v St Augustine’s Links).

Question 10

case for the definition of public N

Answer 10

Castle v St Augustine’s Links

Question 11

which statute identified public N as protecting ‘health, property, morals or comfort of society’

Answer 11

• Archbold’s Criminal Pleading, Evidence and Practice (2005, para 31.40)

Question 12

How is public N a hybrid cause of action

Answer 12

You can invoke it as a crime and an action in tort.

Question 13

public N- case about swimming without clothes

Answer 13

R v Crunden

Question 14

2 Facts about pub N

Answer 14

• injunctions granted

- damages recoverable where C has suffered ‘special damage’ (personal injury or economic loss)

Question 15

What does Steele say about pub N

Answer 15

It is ‘even more indistinct in its boundaries than … private nuisance’

Question 16

what does PN encompass

Answer 16

physical damage to C’s land (Wringe v Cohen)

Question 17

case for PN encompassing physical damage to C’s land

Answer 17

Wringe v Cohen

Question 18

What was held in Wringe v Cohen

Answer 18

that the law is going to apply strictness, where physical damage is concerned,

Question 19

What other case apart from Wringe v Cohen shows the strictness of PN law

Answer 19

• Sedleigh-Denfield v O’Callaghan

Question 20

What was held in Sedleigh-Denfield v O’Callaghan about intangible damage

Answer 20

that intangible damage (noise, smells, dust) is unreasonable damage and are protean (Lord Wright)

Question 21

Which 2 cases highlight how a ‘business’ of some kind can be of disturbance to society

Answer 21

• Thompson-Schwab v Costaki (brothel)

- Laws v Florinplace (sex centre)

Question 22

What was held in Khorasandjian

Answer 22

that for a claim to be successful in PN, C must have a proprietary interest

-therefore, harassment is not actionable in PN

Question 23

Apart from Khorasandjian which other confirmed that C must have a proprietary interest for a claim to be successful in PN

Answer 23

-Hunter Canary Wharf

Question 24

Which 2 cases held that C must have a proprietary interest for a claim in PN to be successful

Answer 24

• Khorasandjian

- Hunter v Canary Wharf

Question 25

What did Lord Westbury hold in St Helen’s Smelting Co v Tipping

Answer 25

PN is acitionable where there is:

(i) material damage (e.g., damage to C’s trees);
(ii) interference with comfort and convenience (or amenity).
- where damage is material/ physical a remedy is likely to be granted
- where the claim is of comfort and convenience, courts will engage in a balancing exercise

Question 26

-St Helen’s Smelting Co v Tipping: per Lord Westbury

Where C’s claim concerns comfort and convenience, courts will engage in …

Answer 26

a balancing exercise

Question 27

what was held in Antrim Truck Centre Ltd v Ontario

Answer 27

that in all PN cases, courts will consider whether the interference was unreasonable

Question 28

reasonableness case

Answer 28

Delaware Mansions Ltd v Westminster City Council

Question 29

what is reasonableness concerned with

Answer 29

the outcome of D’s conduct

Question 30

when we ask has C suffered harm- what do the courts engage in

Answer 30

a balancing exercise

Question 31

when looking at whether there has been an interference with comfort and convenience what do the courts compare it to

Answer 31

how ordinary men and women may feel in that situation Laws v Florinplace