Public nuisance - special damage-FS Flashcards
(10 cards)
What is the second requirement for a public nuisance claim?
The claimant must have suffered special damage—harm that is over and above that suffered by the general public or the rest of the affected class
Can any member of the public bring a claim in public nuisance?
No. Only an individual who has suffered special or particular damage beyond what others in the class have experienced can bring a personal claim.
What are examples of special damage in public nuisance claims?
Property damage, personal injury, and consequential economic loss qualify as special damage if they exceed the general inconvenience suffered by the class.
How is special damage in public nuisance distinct from the harm in private nuisance?
In private nuisance, the claimant must have exclusive possession of land, whereas in public nuisance, anyone can bring a claim if they suffer particular harm beyond that of the public.
Why is personal injury treated as special damage in public nuisance?
Because it goes beyond general inconvenience and affects the individual in a more severe and unique way compared to others in the affected class.
Can economic loss be claimed under public nuisance?
Yes, but only where the loss is consequential to the nuisance and distinct from that suffered by other members of the public.
When does property interference amount to special damage in public nuisance?
When the interference results in physical harm or diminution of use or value of property that does not affect the wider class in the same way.
What prevents a commuter delayed by a roadblock from bringing a public nuisance claim?
If they have suffered no special damage beyond the general delay experienced by other commuters, they lack the required individual harm to bring a personal claim.
What principle limits widespread but uniform inconvenience from creating individual liability?
The requirement that the claimant’s harm must be distinct, meaning they experienced additional detriment compared to the rest of the affected group.
Why is proving special damage crucial in a public nuisance claim?
Because public nuisance is primarily a crime, and only those with a personal, quantifiable injury beyond the public at large can invoke tortious liability.
