nuisance Flashcards
1
Q
private nuisance
A
- an unlawful interference with a person’s use or enjoyment of land (winfield)
2
Q
three possible claimants in a nuisance case
A
- owner
- occupier
- someone with a legal or equitable title in the property
3
Q
hunter v canary wharf confirmed…
A
- only people with legal property rights can make a claim in nuisance
4
Q
defendant
A
- created or authorised the nuisance (tetley v chitty)
5
Q
three elements of nuisance
A
- an unlawful use of land
- which leads to a direct interference
- with C’s use or enjoyment of land (damage must be caused)
6
Q
unlawful use of land (obj.)
A
courts consider several factors:
- duration
- time of day
- locality
- sensitivity of the claimant
- malice
- public benefit
- recreational activities
- human rights act 1998
7
Q
duration
A
- general rule: if it’s a one off event, you can’t claim (bolton v stone)
- de keyser v spice bros)
8
Q
time of day
A
- what time of day is the nuisance carried out?
9
Q
locality
A
- is C close to the nuisance? (sturges v bridgman)
- thesiger: “what would be a nuisance in belgrave square would not be a nuisance in bermondsey”
10
Q
malice
A
- malicious intent = more unreasonable (christie v davey)
10
Q
sensitivity of the claimant
A
- decided objectively (reasonable man)
- not liable for sensitive claimants (robinson v kilvert)
11
Q
public benefit
A
- seriousness of interference is balanced against public benefit (miller v jackson)
12
Q
recreational activities
A
- interference with C’s rec. activities unlikely to be deemed as unreasonable (hunter v canary wharf)
13
Q
human rights act 1998
A
- right to private family life (marcic v thames water)
14
Q
indirect interference
A
- something done on D’s land which impacts on the use or enjoyment of C’s land
-e.g: fumes, loud noises, pollution
