Public Nuisance Flashcards
(12 cards)
Which definition best captures public nuisance?
A. An act or omission materially affecting the comfort and convenience of a class of Her Majesty’s subjects
B. Any interference with a single person’s enjoyment of land
C. The accumulation of dangerous things on land that escape
D. Unlawful physical entry onto another’s property
A. An act or omission materially affecting the comfort and convenience of a class of Her Majesty’s subjects.
Explanation: Public nuisance is defined as acts or omissions that materially interfere with the comfort and convenience of the public or a significant class of people
Who may sue in public nuisance as of right?
A. Any passer-by annoyed by the nuisance
B. An individual who suffers “special damage” over and above the rest of the public
C. Only the Attorney General
D. A trespasser on the defendant’s land
B. An individual who suffers “special damage” over and above the rest of the public.
Explanation: Private individuals can only bring public nuisance claims if they suffer harm different in kind or degree from the general public
Which is NOT required for a public nuisance claim?
A. An act or omission by the defendant
B. Material interference with a class of people’s comfort or convenience
C. The nuisance must be continuous (one-off events never qualify)
D. The claimant must suffer special damage if a private individual
C. The nuisance must be continuous (one-off events never qualify).
Explanation: Public nuisance can arise from a single event or a continuing state of affairs
What types of loss are recoverable in public nuisance?
A. Pure economic loss only
B. Emotional distress without material effect
C. Nominal damages only
D. Personal injury, property damage, and material inconvenience
D. Personal injury, property damage, and material inconvenience.
Explanation: Claimants can recover for physical harm, damage to property, and for non-trivial interference with comfort or convenience
A quarry emits dust and vibration affecting 40 nearby homes. Who can bring a public nuisance claim?
A. The Attorney General on behalf of the public
B. Any single homeowner without showing special damage
C. Only the local council under statutory powers
D. Passengers on a passing train
A. The Attorney General on behalf of the public.
Explanation: The AG may bring proceedings for public nuisance when the community is affected and no private claimant has special damage
A café’s takings drop 50% because a nearby nightclub’s noise deters customers. The owner’s loss is:
A. Ordinary inconvenience—no claim
B. Special damage—he can sue individually
C. Pure economic loss barred in public nuisance
D. Only actionable by the AG
B. Special damage—he can sue individually.
Explanation: Loss of business revenue beyond the general inconvenience qualifies as special damage
A single chemical spill blocks a public footpath for 24 hours. This is:
A. Not actionable—must be continuous
B. Actionable—public nuisance can be a one-off event
C. Only private nuisance
D. Exempt if reported to regulators
B. Actionable—public nuisance can be a one-off event.
Explanation: One-off events that materially interfere with the public’s use of space can ground a public nuisance claim
A local council seeks an injunction against a nightclub creating noise affecting residents. The council’s remedy will be:
A. Damages only—no injunction against a public body
B. Injunction only—local authorities cannot claim damages
C. Both damages and injunction
D. Criminal prosecution only
B. Injunction only—local authorities cannot claim damages.
Explanation: Councils and the AG can seek injunctions in public nuisance but do not recover damages
Which defence is unique to public nuisance (not available in private nuisance)?
A. Statutory authority
B. Prescription after 20 years
C. Consent
D. Act of God
A. Statutory authority.
Explanation: If the defendant’s conduct is authorized by statute, it cannot be a nuisance
In Rimmington [2005], why was sending offensive letters to random individuals held not to be public nuisance?
A. The letters were not illegal
B. Recipients did not form a sufficiently identifiable “class” at a given locality
C. Only physical obstructions qualify
D. Private nuisance provided a better remedy
B. Recipients did not form a sufficiently identifiable “class” at a given locality.
Explanation: Public nuisance requires harm to a class of people in a locality; random mailings failed this test
Which case illustrates recovery for material annoyance alone (without physical damage)?
A. PYA Quarries (dust & vibration)
B. Wagon Mound No.2 (oil spill)
C. Benjamin v Storr (auction noise)
D. Miller v Jackson (cricket balls)
C. Benjamin v Storr (auction noise).
Explanation: Auctioneers obstructing and disturbing a coffee-house constituted actionable public nuisance despite no physical damage
What additional element must a private claimant prove beyond the public nuisance basics?
A. That they held a proprietary interest in land
B. That the nuisance was ongoing for at least one year
C. That they gave written notice before suing
D. That they suffered special damage beyond the general public
D. That they suffered special damage beyond the general public.
Explanation: Private individuals need to demonstrate harm beyond that experienced by the public at large
