Private Nuisance Flashcards
(50 cards)
What is private nuisance?
A private nuisance is an unlawful interference with a person’s use or enjoyment of their land.
True or False: Private nuisance only involves physical damage to property.
False
Fill in the blank: The two main elements of private nuisance are ______ and ______.
unreasonable interference; harm
What is the significance of the case ‘Hunter v Canary Wharf Ltd (1997)’?
It established that only those with a legal interest in the land can sue for private nuisance.
Multiple Choice: Which of the following is NOT a factor considered in determining if a nuisance is unreasonable? A) Locality B) Duration C) Size of the property D) Sensitivity of the claimant
C) Size of the property
What is meant by ‘continuity’ in the context of private nuisance?
Continuity refers to the ongoing nature of the interference, which can affect whether it is considered a nuisance.
True or False: A single, isolated incident can be classified as a private nuisance.
False
What is the ‘reasonable user’ test in private nuisance?
It assesses whether the interference is substantial and exceeds what an ordinary person would tolerate.
Fill in the blank: The claimant must show that the interference caused ______ to their enjoyment of the land.
substantial harm
Which legal remedy is commonly sought in private nuisance cases?
Injunctions or damages
What does the term ‘locality’ refer to in private nuisance cases?
Locality refers to the geographical context in which the alleged nuisance occurs and how it affects the surrounding area.
Multiple Choice: Which case established that noise from a pub could constitute a private nuisance? A) Sturges v Bridgman B) Miller v Jackson C) Robinson v Kilvert
A) Sturges v Bridgman
The sweet man v the doctor
True or False: A private nuisance can be based on the use of land that is lawful.
True
What is the role of ‘sensitivity of the claimant’ in private nuisance claims?
It considers whether the claimant’s use of land is unusually sensitive compared to ordinary users.
Fill in the blank: A defendant can use the defense of ______ in a private nuisance claim if they can show that the claimant came to the nuisance.
coming to the nuisance
What is the difference between public nuisance and private nuisance?
Public nuisance affects the general public or a community, while private nuisance affects specific individuals or properties.
True or False: The presence of a statutory authority can provide a defense against private nuisance claims.
True
What is the significance of the case ‘Miller v Jackson (1977)’ in private nuisance law?
It highlighted the balance between competing interests of land use and established that even lawful activities can lead to nuisance.
Fill in the blank: The courts generally require that the nuisance be ______ to be actionable.
substantial
Multiple Choice: Which of the following is NOT a factor in assessing the reasonableness of a nuisance? A) Time of day B) Nature of the activity C) Claimant’s wealth D) Local customs
C) Claimant’s wealth
What type of damages may be awarded in a private nuisance case?
Compensatory damages for loss of enjoyment or property damage.
True or False: A claimant must prove negligence to succeed in a private nuisance claim.
False
What is the ‘balance of interests’ test in private nuisance law?
It weighs the harm caused by the nuisance against the utility of the defendant’s activity.
Who can sue
Claimant can bring a claim but the claim must have a legal interest in the land affected by the nuisance. This could be either an owner of a tenant but a member of a family without legal interest in land like a child (Hunter v Canary Wharf)
