Remedies for private nuisance (injunction and damages)- FS Flashcards
(10 cards)
What is the primary remedy for a continuing private nuisance?
An injunction—which can be either full (completely stopping the activity) or partial (regulating the activity by imposing specific limits).
Under what conditions is a partial injunction more appropriate than a full injunction?
When the nuisance-causing activity provides a public benefit, a partial injunction may be issued to balance the claimant’s rights with the public interest.
Why might a court grant damages in lieu of an injunction in private nuisance?
When the public benefit of the defendant’s activity outweighs the claimant’s private rights, and stopping the activity would be disproportionate, the court may award damages instead of an injunction.
What types of damages are available in private nuisance cases involving physical damage to land?
The claimant may recover either the cost of repair or, if repair is not feasible, the diminution in the value of the land caused by the nuisance.
How are damages calculated in cases of sensible personal discomfort rather than physical damage?
Damages are awarded to compensate for the loss of enjoyment of land, typically assessed in monetary terms reflecting the interference’s impact on living conditions.
What is the principle used by courts to balance private rights and public benefit when determining remedies?
Courts apply a balancing test, weighing the claimant’s right to quiet enjoyment of their land against the public benefit of the defendant’s activity.
In what situation would a court grant an injunction for a noise nuisance in a residential area?
Where the nuisance (e.g. loud music) provides no public benefit and constitutes a continuous and unreasonable interference, a court is likely to grant a full or partial injunction.
Why might damages be awarded instead of an injunction for a sports-related nuisance like golf or cricket?
Because the sporting activity provides a public recreational benefit, courts may prefer awarding damages rather than restricting the sport through an injunction.
Can a claimant receive different remedies for different nuisances affecting the same property?
Yes. The court may grant an injunction for one nuisance (e.g., loud music) and damages for another (e.g., sporting activity) depending on the public benefit and nature of the nuisance
What is the remedy of abatement in private nuisance, and is it commonly used?
Abatement is a self-help remedy, allowing the claimant to take reasonable steps to stop the nuisance (e.g., removing overhanging branches). It is rarely used and must be exercised cautiously and lawfully.
