Nuisance Common Law Flashcards
1
Q
Action of Nuisance seeks to protect?
A
The Right of an owners or occupiers to comfortable enjoyment of his property
2
Q
When does nuisance happen?
A
When one person uses his property in a way to inflict material damage or a substantial inconvenience
3
Q
Factors courts consider?
A
Social usefulness Motive Locality Duration Intensity Time of day Has to have Culpa Cant be a building Sensitivity of pursuer
4
Q
Scotland V England
A
Scotland the defender must be shown to be at fault
England no requirement
5
Q
What are the remedies
A
Damages
Interdict
6
Q
Is it a defence if you move to an area
A
YES
