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Flashcards in NUISANCE Deck (14)
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1

What is the purpose of the tort of private nuisance?

Designed to protect land vs direct interference

2

What are some examples of actionable damage?

Noise, dust, smell
Physical damage
Encroachment onto a neighbours land

3

What are the steps in the reasonableness test for private nuisance?

Nature of locality
Duration of nuisace
Utility
Abnormal sensitivity?
Malice (Christie v Davey)

4

What must the claimant have in order to bring a claim in private nuisance?

An interest in the land.

5

If a person did not create the nuisance themselves, can they still be sued?

Yes, Sedleigh-Denfield v O’Callaghan

6

Can landlords be liable for their tennants actions?

Yes if they authorised the nuisance

7

What are the three defences to private nuisance?

Statutory authority
20 year prescription
Act of nature/stranger

8

What remedies are available for private nuisance?

Damages
Injunctions
Damages in leiu of injunction

9

What is public nuisance?

Creating, adapting or continuing an act which interferes with a public right.

10

Can you claim for personal injury with public nuisance?

Yaas

11

What happened in Rylands v Fletcher?

Built reservoir, flooded neighbours colliery, F succ claimed for damages from R

12

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

13

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

14

What remedies are available?

Injunctions not well suited as escape has already occurred.

Damages most common