nuisance Flashcards
(5 cards)
1
Q
definition
A
unlawful interference with Cs enjoyment of their land
4 stages to prove
2
Q
stage 1
A
Parties to claim
claimant- must demonstrate appropriate legal interest eg owner/tenant (hunter v canary wharf)
defendant- creator of nuisance lord goff in cambridge water “the fact that D has taken reasonable care will not exonerate him”
3
Q
stage 2
A
reasonableness factors
1)location (leeman v montague)
2)duration cunard v antifyre
3)motive and malice christie v davis
4
Q
stage 3
A
defences
statutory authority (allen gulf
planning permission (gillingham council
consent
5
Q
stage 4
A
compensatory damages
injunction (miller v jackson
abatement
