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Tort Law - Nuisance

Nuisance

QuestionAnswer
What is private nuisance? unlawful interference with the use/enjoyment of land or rights over it
Hunter v Canary Wharf To sue, one must have a legal interest in the land
Who can be sued? Creater/occupier/owner/controller of the nuisance
Network Rail v Williams japanese knotweed - can't sue for economic loss, but the basis that it interferes with enjoyment of property
What is the three part test for nuisance? (1) Damage (2) Foreseeability (3) Unreasonable/substantial (if amenity)
St Helen's Smelting Co. v Tipping pollution produced from a factory damaged plants
Cambridge Water v ECL Not foreseeabnle that chemicals from tannign leather company would leech into water supply
Walter v Selfe damage must be substantial and 'materially interfering with the ordinary comfort...' outlined factors such as noise, smell, dust
who said 'give and take... live and let live' when describing what is 'reasonable'? Baron Bramwell
What are the reasonableness factors? Locality, Time of day, Method, Frequency, Malice, Sensitivity, Continuing a nuisance
Sturges v Bridgeman Locality, coming to a nuisanse is no defence, prescription (only starts when it becomes a nuisance)
Hirose Electrician v Peak Ingredients Restaurant produced curry/garlic odours, but reasonable due to locality
Ball v Ray Stables in a residential area produce a bad smell, and locality makes it less reasonable
Halsey v Esso Esso trucks often operate at night. Frequency/Time of Day factors make it unreasoable
Leeman v Montagne Method: loud cockerel is a nuisance, but its easily avoidable so less reasonable
Andrea v Selfridge Duration/Frequency is low because they only build it once, so more reasonable
Christie v Davey Malice of retaliation makes it less reasonable
Pusey v Somerset Sensitivity: Layby complaint
Robinson v Kilvert Sensitive paper made it more reasonable - wouldn't have harmed normal business
Leakey v National Trust Continuing a Nuisance - didn't stop the inherited nuisance
What are the defences to nuisance claims? Statutory Authority, prescription, not coming to the nuisance
Allen v Gulf Oil Oil refinery granted permission from parliament - SA defence
Coventry v Lawrence planning permission isn't statutorty authority, however changes locality making it more reasonable
Wheeler v Saunders Pig Farm: Planning permission isn't statutory authority
Describe the defence of statutory authority parliament has granted permission for your activities
Describe the defence of prescription if the nuisance has been accepted for 20 years, you can't bring a claim and challenge it (starts when it becomes a nuisance) SvB
What are the possible remedies for nuisance claims? Injunction, or abatement (compensation)
Shelfer v City of London Lighting "injunctions are the usual remedy for nuisance"
kennaway v Thompson partial injunction awarded (speedboat racing)
What was the remedy awarded in Coventry v Lawrence? injunction to the times the speedway track is in use
When may abatement be awarded? where there is utility
Delaware v Westminster Council claimant removed tree roots himself which were breaking tiles. Abatement awarded as a remedy
Created by: Oscar.G
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