week 10 - various liabilities + nuisance

Question 1

what case is an example of the defendant not being liable for the injury of a trespasser?

Answer 1

ratcliff v mcconell (1988)
the claimant (drunk student) broke into their college’s open air swimming pool at night, scaling a locked gate. He dived into the shallow end + injured himself.
Decision: the claimant should have been aware of the risks of taking diving into water of an unknown depth, therefore the defendant was not liable.

Question 2

what case is an example of an occurrence of a private nuisance?

Answer 2

Coventry v lawrence (2014)
Defendants owned a speedway stadium for which planning permission had been granted in 1975. Claimants moved into a nearby house in 2006 and they brought a nuisance action against the defendants due to the noise generated.
Decision: ruled that the planning authority cannot authorise the commission of a nuisance, judge ruled in favour of the claimant.