Private nuisance Flashcards
(47 cards)
Hunter v Canary Wharf
Who can sue?
C must have an interest in the land
Hunter v Canary Wharf
Type of interference
Interference with television signals is not a type of recognised interference
Schwab v Costaki
Courts will compensate people for emotional damage
Tetley v Chitty
A defendant can be someone who allows the nuisance to be continued even if they didn’t cause it
Sadleigh v O’Callaghen
A defendant can be someone who doesn’t create the nuisance, is aware of it and does nothing about it
Leaky v National Trust
D can be someone who is aware that nuisance can be caused by natural causes.
St Helens Smelting v Tippling
An example of where a claimaint claimed for tangible damage
Halsey v Esso Petroleum
The C can only claim for intangible damage if it is “sufficiently serious”
Sturges v Brigman illustrates
The defence of prescription
Which two cases illustrate the defence of Statutory authority?
Allen v Grif oil refinery
Marcie v Thames water plc
What is the significance of the Water Industry Act 1991 in relation to a specific nuisance case?
(Hint: Marcie)
In the Marcie v Thames water plc case it meant that a claim in nuisance was disallowed but a remedy was provided anyway
Robinson v Kivert
A particular sensitivity of the claimant won’t make something unreasonable if it would otherwise be reasonable
Christie v Davies
Any malice on the defendant’s part will be considered
Private nuisance
def:
” the unreasonable indirect interference of a person’s use of enjoyment of his land.”
Has 3 elements:
1
2.
3.
- An indirect interference
- Damage caused
- Interference is unlawful, meaning unreasonable.
What is an indirect interference?
No direct force is used e.g noise, smell, vibrations
What are the two types of damage caused recognized by this tort.
- Tangible
2. Intangible.
What is tangible damage?
- Damage to ____ and p____. Any amount of physical damage is a____
land and property.
actionable.
Intangible damage is interference with the ___ and ___ of land
use, enjoyment.
Which case is an example of when a combination of tangible and intangible damage has occurred?
Halsey v Esso Petroleum
How will it be decided whether the interference is unlawful (unreasonable)?
- Question of ___ and ___ in each case
fact, degree.
What six factors may contribute to element 3.
- T___
- L__ (and whether ___ had any choice as to where on his land it happened)
- M___
- S____ b___
- D___ and F___
- ____ of the C
- Time
- Locality (as well as whether D could’ve done it on another part of his land)
- Malice
- Social benefit.
- Duration and frequency,
- Sensitivity of the C.
Leeman v Montague
- Normal activities done at unsocial hours is unlawful.
2. The locality was considered here.
Cases for malice (two):
Christie v Davey
Hollywood silver fox farm v Emmett
