Private Nuisance Flashcards Preview

A level law LAW OCR > Private Nuisance > Flashcards

Flashcards in Private Nuisance Deck (17)
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1
Q

What is being affected?

A

Cs individual use/enjoyment of land is affected

2
Q

By who?

A

By Ds unreasonable behaviour

3
Q

C must have …

A

Legal interest in the land

4
Q

Consider

1.

A
  1. Locality. Meaning what type of area is the nuisance occurring.
5
Q

Costaki

A

Brothel in residential area. Held that a brothel doesn’t belong in a residential area

6
Q

Consider

2.

A
  1. Duration. Meaning how long is it going on for?
7
Q

Kimbolton

A

Firework display that caused fire on barge. Only went on for a short amount of time.

8
Q

Consider

3.

A
  1. Sensitivity. Is C unusually sensitive? ie. special documents, or working from home
9
Q

Morris

A

DJ who used special sound equipment. Tran interfered with the recording. Held that C was unusually sensitive

10
Q

Consider

4.

A

Malice. Is the disruption due to malice between people? Revenge

11
Q

Silver Fox

A

C was a mink breeder. D did not like this so he continuously shot his gun so that it interfered with the breeding. This is malice

12
Q

Consider

5.

A
  1. Social Benefit. Is it benefiting the community or others
13
Q

Miller

A

Cricket club was deemed a social benefit even though it was classified a s a nuisance.

14
Q

No right to …

A

C has no right to TV reception, light, or view

15
Q

Effective Defences =

A

Prescription, Consent, Statutory authority

16
Q

Ineffective defences =

A

Coming to the nuisance

17
Q

Remedies =

A

Injunction or damages are more likely, Coventry