private nuisance

Question 1

what is nuisance defined as

Answer 1

an indirect, substantial and unlawful interference with a persons use or enjoyment of land

Question 2

what is the first element of the tort

Answer 2

C must be able to sue D (both parties must be eligible)

Question 3

what is the second element of the tort

Answer 3

interference must be indirect

Question 4

what is the third element of the tort

Answer 4

must interfere with the common and ordinary use of the land

Question 5

what is the fourth element of the tort

Answer 5

interference must be substantial

Question 6

what is the fifth element of the tort

Answer 6

interference must be unlawful

Question 7

what must C have to be able to sue D

Answer 7

proprietary interest or legal right to the land

Question 8

who can C sue

Answer 8

the creator of the nuisance, the person who occupies the land creating the nuisance, or the owner of the land creating the nuisance

Question 9

what case shows the owner of the land can be sued

Answer 9

tetley v chitty

Question 10

what case is used for physical damage

Answer 10

denfield v o’ callaghan

Question 11

what case is used for non - physical damage by loud noise

Answer 11

christie v davey

Question 12

what case is used for non - physical damage by bad smells

Answer 12

wheeler v saunders

Question 13

what is continuing interference

Answer 13

when a natural hazard develops and D fails to prevent it interfering with other land

Question 14

what case is used for continuing interference

Answer 14

leakey v national trust

Question 15

what can prevent interference from affecting common and ordinary use of land

Answer 15

if use of land is not common and ordinary, and is instead an abnormal sensitivity

Question 16

what case is used for abnormal sensitivity

Answer 16

network rail v morris

Question 17

what case says a nice view is a ‘thing of delight’ and blocking it does not interfere with common and ordinary use of land

Answer 17

AG v doughty

Question 18

what case says watching tv is not a common and ordinary use of land and is a recreational activity

Answer 18

hunter v canary wharf

Question 19

what is the rule on physical damage for substantial interference

Answer 19

any physical damage is interference

Question 20

what case creates the rules for substantial interference

Answer 20

halsey v esso petroleum

Question 21

what is the rule on non physical damage for substantial interference

Answer 21

must make it physically unpleasant to be on the land

Question 22

what rule is there for unlawful interference

Answer 22

D’s use of the land must go beyond common and ordinary

Question 23

what case is used to show D going beyond common and ordinary

Answer 23

fearn v tate gallery

Question 24

what case is used for locality to show common and ordinary use

Answer 24

sturges v bridgeman

Question 25

what case is used for a short duration severe interference

Answer 25

CRC v kimbolton

Question 26

what case is used for a long duration interference

Answer 26

Halsey v esso petroleum

Question 27

what case is used to show malicious interference

Answer 27

christie v davey

Question 28

what are the two main defences

Answer 28

presctiption and planning permission

Question 29

what case is used to explain prescription

Answer 29

sturges v bridgeman

Question 30

what case is used to explain planning permission

Answer 30

wheeler v saunders

Question 31

what are the three remedies

Answer 31

injunctions, damages and abatements

Question 31

what are the two types of injunction

Answer 31

perpetual - makes D fully stop the activity partial - limits what D can do

Question 32

what is damages as a remedy

Answer 32

D must pay an amount of money to C

Question 33

what is an abatement

Answer 33

allowing C to prevent the nuisance