LAW P2 CASES (NUISANCE)

Question 1

What is the case for the first requirement of nuisance (indirect interference)

Answer 1

Hunter v Canary wharf, nuisance claims can only be made by individuals with a legal interest in the affected land

Question 2

What is the case for the first unreasonable factor (locality)

Answer 2

Sturges v Bridgman, the interference was unreasonable due to the location of the activity

Question 3

What is the case for the second unreasonable factor (duration)

Answer 3

De keysers royal hotel v spicer bros, nuisance can arise from a substantial interference with the use of property

Question 4

What is the case for the third unreasonable factor (sensitivity)

Answer 4

Network rail v morris, the use of amplified electric guitars fell into the category of sensitive equipment

Question 5

What is the case for the fourth unreasonable factor (malice)

Answer 5

Christie v Davey, the defendatns actions were motivated by malice

Question 6

What are the cases for the third nuisance requirement?

Answer 6

• Cambridge water v eastern counties leather, the defendant was not liable as the damage was too remote
• St Helens smelting co v Tipping, damage from a nuisance that affects property or land is actionable even if the defendant’s activity is legally permitted

Question 7

What is the case for the nuisance defence (prescription)

Answer 7

Sturges v Bridgman, the activity only took on the nature of being a nuisance when the doctor built his consulting room

Question 8

What is the case for the nuisance defence (statutory authority)

Answer 8

Wheeler v JJ saunders ltd, the defendant built the pig house with planning permission