Nuissance Flashcards
(4 cards)
1
Q
Definition
A
The unlawful interference with a persons use of enjoyment of land. The fact that d has taken all reasonable care will not exonerate him (Cambridge water)
2
Q
Stage one
A
Location - industrial, residential, commercial, rural (leeman v montague)
3
Q
Stage two
A
Duration- the longer lasting the interference the more likely it is to be a nuisance (Cunard v antifyre). Night time (de keysers hotel)
4
Q
Stage three
A
Motive and malice of the d - if it is motivated by malice then it will be unreasonable (Christie v davey)
