NUISANCE

Question 1

What is the definition of nuisance?

Answer 1

An interference to the plaintiff’s interest on the use or enjoyment of his land, by the defendant without entry.

Nuisance protects the right of comfort to persons with proprietary interest in land and as members of society.

Question 2

Is negligence a prerequisite in an action of nuisance?

Answer 2

No, negligence is not a prerequisite in an action of nuisance.

Question 3

What did the court hold in the case of Wisma Punca Emas Sdn Bhd v Dr Donal?

Answer 3

The court held that negligence is not required, but fault is required, and proof of special damage is adequate.

Question 4

What are the key differences between trespass to land and nuisance?

Answer 4

Trespass to Land:
* Harm must be caused by a direct Act
* Direct entry
* Actionable per se

Nuisance:
* Action may be maintained in case of consequential harm
* Interference to plaintiff’s interest without entry
* NOT actionable per se (unless for smell).

Question 5

What are the two types of damage in nuisance claims?

Answer 5

• Physical damage of property
• Interference to personal comfort.

Question 6

What are the two types of remedies available in nuisance cases?

Answer 6

• Injunction
• Monetary compensation/Damages.

Question 7

Who can sue for nuisance?

Answer 7

The person who has legal interest (proprietary or possessory) in the land.

Question 8

Which parties have no entitlement to sue for nuisance according to Hunter v Canary Wharf Ltd?

Answer 8

Spouse or children of the occupier, guests, lodgers, or workers.

Question 9

What was the outcome of Malone v Laskey [1907] regarding who can sue?

Answer 9

Court denied remedy to the wife of an occupier as she did not have legal interest over the land.

Question 10

What was significant about Khorasandijan v Bush [1993] in relation to who can sue?

Answer 10

The court extended the category of persons entitled to sue, allowing a mere licensee to seek an injunction.

Question 11

What are the criteria for who can be sued in nuisance cases?

Answer 11

• Creators of the interference
• Occupiers with knowledge of the nuisance
• Landlords under specific conditions.

Question 12

What case established that the source/creator of interference can be liable for nuisance?

Answer 12

Marcic v Thames Water Utilities Ltd.

Question 13

Under what conditions can a landlord be held liable for nuisance?

Answer 13

• When he has authorized the nuisance
• When he knew the nuisance before tenancy commenced
• When he has promised to conduct repair work.

Question 14

What defines public nuisance?

Answer 14

An act affecting the reasonable comfort & convenience of a class of society.

Question 15

What are the two ways public nuisance can be claimed?

Answer 15

• Criminal proceeding
• Civil proceeding without special damage.

Question 16

What must a plaintiff prove in a civil proceeding with special damage for public nuisance?

Answer 16

The plaintiff must prove that they suffered damage and injury over and beyond ordinary inconvenience.

Question 17

What is the definition of private nuisance?

Answer 17

An unlawful substantial and unreasonable interference with a person’s use, comfort, enjoyment, and any interest that a private individual may have over his land.

Question 18

What must a plaintiff prove in a private nuisance claim?

Answer 18

The damage must be substantial and unreasonable.

Question 19

What are the three types of interference recognized in private nuisance?

Answer 19

• Interference with use of land
• Interference with comfort or enjoyment of land
• Physical damage.

Question 20

What are the six factors of unreasonableness in nuisance cases?

Answer 20

• Damage and Location of the premise
• Public benefit of defendant’s activities
• Extraordinary Sensitivity of plaintiff
• Duration & Frequency of nuisance
• Temporary interference & Isolated incidents
• Malice.

Question 21

True or False: A plaintiff’s extraordinary sensitivity is considered in nuisance claims.

Answer 21

False, the law is not sympathetic to extra sensitivity unless substantial interference is proven.

Question 22

What is a gas explosion described as in the context of liability?

Answer 22

A disaster waiting to happen due to a pre-existing state of affairs

This implies that foreseeable dangers exist without reasonable precautions taken.

Question 23

What are the three components of a pre-existing state of affairs?

Answer 23

• Pre-existing dangers that are foreseeable
• No reasonable precaution has been taken
• Causes physical damage

Question 24

What was the outcome of the case Spicer v Smee [1946]?

Answer 24

DF was liable for the fire caused by defective electrical wiring

The fire damaged PF land adjoining DF land.

Question 25

What constitutes malice in the context of nuisance cases?

Answer 25

Actions taken with malicious intent that disturb another's enjoyment of their property

Question 26

What was the ruling in Christie v Davey [1893]?

Answer 26

DF's actions were deemed malicious, and an injunction was granted against him

Question 27

In Hollywood Silver Fox Farm Ltd v Emmett [1936], what was DF's liability based on?

Answer 27

Malicious intent to disturb PF's sensitive foxes during mating season ## Footnote DF's unnecessary actions led to liability despite acknowledging the foxes' sensitivity.

Question 28

True or False: Coming to the nuisance is a valid defense in nuisance cases.

Answer 28

False ## Footnote Bliss v Hall [1838] established that prior existence of a nuisance does not negate the right to undisturbed enjoyment.

Question 29

What is the prescription defense in nuisance cases?

Answer 29

Legalizes a private nuisance if it continues for 20 years, starting only when PF is aware of the nuisance

Question 30

What was the significance of Sturges v Bridgman [1879] regarding prescription?

Answer 30

The 20-year period did not apply as PF was not aware of the nuisance until after the treatment room was built

Question 31

What is the statutory authority defense in nuisance cases?

Answer 31

DF may escape liability if a statute permits the activity causing the nuisance ## Footnote DF must prove that the nuisance is inevitable despite precautions.

Question 32

List other defenses available in nuisance cases.

Answer 32

* Necessity * Consent * Defense of property * Contributory negligence