Nuisance Defences A01

Question 1

What are the 4 defences for nuisance

Answer 1

Coming to a nuisance
Prescription
Statutory Authority
Public Utility

Question 2

Coming to a nuisance (case)

Answer 2

Claimant coming to a nuisance will NEVER SUCCEED - Sturges v Bridgman

Question 3

Prescription (case)

Answer 3

Nuisance has been occurring for 20 years and claimant has been aware and never complained = defence will fail

Sturges v Bridgman

Question 4

Statutory Authority (case)

Answer 4

Most successful defence

Activities are permitted and regulated through Acts of parliament

Allen v Gulf Oil

Question 5

Public utility (case)

Answer 5

Court will take into account the benefit to the public which the creator of the nuisance provides - Adam v Ursell