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Private Nuisance Claim Checklist

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Questions and Answers

What is a requirement for children to make a claim of nuisance?

They must have a contractual relationship with the occupiers.
They must have a legal interest in the land. (correct)
They must be affected by the nuisance.
They must be the occupiers of the land.

What is an example of indirect interference with the enjoyment of land?

Direct invasion of land
Vibrations and hot air (correct)
Emotional distress caused by a neighbor's loud music
Loss of a recreational facility

In what case did the court hold that the running of a brothel in a respectable residential area amounted to a sufficient interference?

Dobson v Thames Water
Thompson-Schwab v Costaki (correct)
Hunter v Canary Wharf
Sturges v Bridgman

What is not a protected right in the context of private nuisance?

Right to protect pure pleasure (A) Signup and view all the answers

What is a requirement for a claim of private nuisance?

The interference must be unlawful (D) Signup and view all the answers

In what case did the court hold that interference with television reception was not sufficient interference?

Hunter v Canary Wharf (A) Signup and view all the answers

What is the primary requirement for establishing liability under Private Nuisance?

The defendant must be the occupier of the land (B) Signup and view all the answers

What is the key takeaway from the Anthony v Coal Authority case?

The occupier is liable for adopting a known nuisance on the land (A) Signup and view all the answers

What is the significance of Hunter v Canary Wharf in Private Nuisance law?

It confirmed the claimant's requirement for a legal interest in the affected land (B) Signup and view all the answers

What is the key point from Sedleigh Denfield v O'Callaghan?

The defendant is liable for failing to address a known danger on the land (D) Signup and view all the answers

Who can be considered an occupier of land for the purpose of Private Nuisance?

The occupier of the land or someone with control over it (A) Signup and view all the answers

What is not a requirement for a Private Nuisance claim?

The defendant must have a legal interest in the land (D) Signup and view all the answers