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Law Unit 4 > NEGLIGENCE- nuisance > Flashcards

NEGLIGENCE- nuisance Flashcards

1
Q

what are the two types of nuisance?

A

private and public

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2
Q

what is nuisance also?

A

a tort between two people- reasonable user of land

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3
Q

case for private nuisance?

A

bamford v turney

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4
Q

what is the plan of private nusiance?

A

d & c- recognised forms- reasonable user test

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5
Q

what is the quote for private nuisance?

A

“an unlawful interference with a persons use or enjoyment of land or some right over in connection with it”

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6
Q

what type of offence is private nuisance?

A

common law offence?

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7
Q

what is the 1st step?

A

identify d and c

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8
Q

what is d in private nuisance?

A

owner/occupier of land causing nuisance

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9
Q

what is c in private nuisance?

A

owner/occupier of land and enjoyment affected

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10
Q

examples of private nuisance d?

A

farmer for festival, tenant making noie, someone who is temp = sue landlord or someone live in house but on holiday = still owner

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11
Q

examples of private nuisance c?

A

someone allowed in house don’t own it cant sue needs to be owner (c) to sue

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12
Q

case of example of private nuisance c?

A

hunter v canary wharf

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13
Q

what must the nuisance in private nuisance be?

A

must be more than once (more than a one off single event)

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14
Q

does distance affect it?

A

could also be quite a distance there is no limit as long as it effects enjoyment

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15
Q

what does c get if normally continuous?

A

normally injunctions

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16
Q

what must there then be (2nd element )

A

recognised forms

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17
Q

what are the types of recognised forms?

A

noise, pollution, smell, smoke,dust,ash,soot,vibrations,fire,tree branches,roots,pollution of rivers

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18
Q

what must the recognised forms do?

A

come from someones land

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19
Q

what helps to see if ti is actionable?

A

the “reasonable user” test -look at several things

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20
Q

what are the several things you look at in the reasonable user test

A

location, time, usefulness of d, ,sensitivity of c, malice

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21
Q

acronym for reasonable user test?

A

LUSTM

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22
Q

case for location?

A

sturges v bridgman

23
Q

what is location meaning?

A

what would be a nusiance in belgrave square not in Bermondsey - what do you expect?

24
Q

case for time?

A

de keysers royal hotel v spicer bros ltd

25
Q

what is meaning of time?

A

an injunction was granted to prevent noisy building works at night

26
Q

case for usefulness of d?

A

stephens v anglian water authority/miller v jackson

27
Q

what is meaning of usefullness of d?

A

basically like value of d’s activity inconvenient but important and reasonble

28
Q

case of sensitivity c?

A

gaunt v finney

29
Q

what is meaning of sensitivity of c?

A

if c over sensitive not allowed claim if nusiance wouldnt affect average person

30
Q

case of malice?

A

chrisite v davey

31
Q

what is meaning of malice?

A

if nuisance deliberate to antagonise then moretime actionable

32
Q

however what must you take into consideration with d?

A

balance carefully dont give in to c too easily

33
Q

defences for private nuisance?

A

stat authority

presciption

34
Q

case for stat authority?

A

allen v gulf oil refining ltd

35
Q

what is meant by stat authority?

A

activity allowed based on stat/allowed/created

36
Q

what is meant by prescription?

A

if c put up with nuisance 20 +yrs d will be able to continue if next c = 12 month can c

37
Q

what are the type of remedies?

A

damages/injunction/abatement

38
Q

what are damages?

A

financial compensation is available when c has suffered harm/prop damaged and suffered less by ash staining paint work

39
Q

what are injunction?

A

a court oder to stop nuisance. most common. and most important to stop.

40
Q

what is abatement?

A

c taking actions to stop nuisance but c needs to avoid criminal damage/trespass. normally involve c e.g cutting down neighbours

41
Q

what is public nuisance?

A

nuisance that affects a group of people

42
Q

what is quote for public nuisance?

A

“which materially affects the reasonable comfotrt and convenience of life a class of her majestys subjects”

43
Q

who said common law quote?

A

per romer lj in attorney general v pya quarries

44
Q

what is meant materially affects?

A

substantial and not trivial

45
Q

what are the types of nusiance?

A

noisy and polluting factory- attorney general v pya quarries
pop concert= noise and traffic- ag of ontario v orange
blocking a canal- rose v millers
queuing on a highway causing obstruction -lyons v gulliver

46
Q

what can public nusiance be?

A

can be single off event and substantial not trivial

47
Q

what must there then need to be after type of nuisance?

A

reasonable comfort and convenience

48
Q

what is mean by reasonable comfort and convenience?

A

no need to affect land just reasonable comfort and convenience of his life

portable tort- d & c could be anywhere just needs to satisfy rules and group of people “class of majesty subjects”

49
Q

what do you need to prove with reasonable comfort and convenience?

A

need to prove group affected- only ones who can sue is those who suffer partial, special losses over and above ordinary inconvenience suffered by majority

50
Q

what is highway nuisance?

A

common form / normal way in exam

51
Q

how was highway nuisance defined and who by?

A

any from freely,safely,and conveniently passing along the highway- lord simmons in jacobs v london cc

52
Q

examples of highway nuisance?

A

queues for a theatre blocking acess c’s shop-lyons v gulliver
putting up a stand in street to watch procession- campell v paddington corp’n
unreasonable use of highway during the night by hearing lorries-halsey v esso
using pipeline over pavement- farrel v john morolem

53
Q

defences for public nuisance?

A

stat authority

54
Q

remedies for public nuisance?

A

damages and injunctions as in private and economic loss =possible

prescription not as defence.

Law Unit 4 (36 decks)

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