nuisance

Question 1

definition

Answer 1

the unlawful interference with a persons use or enjoyment of land

Question 2

stage one

Answer 2

parties to a claim (claimant and defendant)

Question 3

claimant

Answer 3

c must demonstrate an appropriate legal interest in the land effected (hunter v canary wharf)

Question 4

defendant

Answer 4

d is the creator of the nuisance. the fact that d has take all reasonable care will not exonerate him (cambridge water)

Question 5

stage two

Answer 5

reasonableness factors

Question 6

location

Answer 6

what is reasonable for he particular area (leeman v montague)

Question 7

duration

Answer 7

the longer the interference, the more likely it is to be a nuisance (cunard v antifyre)

Question 8

de keysers royal hotel

Answer 8

if it occurred at night then it is more likely to be an interference

Question 9

crown river cruises v kimbolton

Answer 9

if the noise does not last long but is continuous the it is more likely to be a nuisance

Question 10

stage three- defences

Answer 10

statutory authority
planning permission
prescription
consent
contributory negligence

Question 11

stage four- remedies

Answer 11

injunction
abatement