Nuisance

Question 1

First Sentence (Definition of nuisance)

Answer 1

Private nuisance is a tort Where the claimant use and enjoyment of the land is affected by the Defendants unreasonable use of the land

Question 2

First paragraph (First discussion of the possible nuisance) & case….

Answer 2

In this case…… Is potentially causing a nuisance to …….. This would be a loss of amenity. (hunter v canary wharf Tells us that the claimant must have an interest in the land) In this case……

Question 3

First point & case…

Answer 3

The claimant can sue the creator of the negligence (De Keyers Royal Hotel v Spicer Bros) And in this case, …..is the create of the negligence.

Question 4

to claim a loss of amenity 4 factors are balanced, whats the way of remembering this?

Answer 4

L ittle (locality)
D inosours (duration)
M ove (malice)
S ilently (sensitivity

Question 5

(L) paragraph….

Answer 5

Firstly, the court will consider the locality, and what is to be expected for the type of locality, in this case…..

Question 6

(D) paragraph & case…

Answer 6

Next the court will look at the duration - The longer the duration, the more likely it is to be a nuisance. (Crown river v kimbolton fireworks) In this case…..

Question 7

(S) Paragraph & case….

Answer 7

The claimant is/ is not sensitive. (Murdock v glacier metals) In this case….

Question 8

(M) paragraph & case….

Answer 8

Is the nuisance is created out of malice Then it is more likely to be a nuisance (Chistie v Davey) In this case……

Question 9

Next 2 points to talk about after the factors are balanced & cases….

Answer 9

Social benefit, (Miller v Jackson)

Local authority, planning permission and act as a defence, However, even with planning permission, the creator of the nuisance has to be reasonable (Barr v Biffa)