Flashcards in NUISANCE Deck (14)
What is the purpose of the tort of private nuisance?
Designed to protect land vs direct interference
What are some examples of actionable damage?
Noise, dust, smell
Encroachment onto a neighbours land
What are the steps in the reasonableness test for private nuisance?
Nature of locality
Duration of nuisace
Malice (Christie v Davey)
What must the claimant have in order to bring a claim in private nuisance?
An interest in the land.
If a person did not create the nuisance themselves, can they still be sued?
Yes, Sedleigh-Denfield v O’Callaghan
Can landlords be liable for their tennants actions?
Yes if they authorised the nuisance
What are the three defences to private nuisance?
20 year prescription
Act of nature/stranger
What remedies are available for private nuisance?
Damages in leiu of injunction
What is public nuisance?
Creating, adapting or continuing an act which interferes with a public right.
Can you claim for personal injury with public nuisance?
What happened in Rylands v Fletcher?
Built reservoir, flooded neighbours colliery, F succ claimed for damages from R
What criteria did the ruling of Rylands v Fletcher establish?
D must being onto land something dangerous and likely to cause mischief if it escapes
Escape- escapes to a place outside of D’s control
Non-natural use of land
What is the main defence?
Statutory authority- no action if escape occurs from act of god/3rd party (perry v kendrick’s transport)
This must have been unforseeable