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Questions and Answers
What type of damage must the claimant usually prove in a private nuisance claim?
In Malone v Laskey, why did the claim fail according to the text?
Who may succeed in a claim for private nuisance according to the text?
What is the main criterion for someone to be able to bring a claim for private nuisance?
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What does private nuisance primarily aim to protect?
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What did Thesiger J explain in the case of SCM v Whittall & Son Ltd 1 WLR 1017?
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In the case of British Celanese v Hunt (Capacitators) Ltd 2 All ER 749, what had damaged an electricity substation?
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What made the judge in British Celanese v Hunt (Capacitators) Ltd 2 All ER 749 find that a private nuisance had occurred?
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Why is the case of Crown River Cruises Ltd v Kimbolton Fireworks Ltd and Another 2 Lloyd’s Rep 533 difficult to reconcile with other cases?
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According to Thesiger J, under what condition can a single escape of materials from a defendant's land constitute a private nuisance?
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Study Notes
- In 1990, a firework display near the Thames caused a barge and passenger vessel to catch fire, leading to significant damage.
- The short duration of the firework display suggests that it may not qualify as "continuous interference" for liability purposes.
- Temporary building works can be considered a nuisance, but builders may not be held liable if they can demonstrate reasonable care and skill to avoid disturbance.
- To succeed in a claim of private nuisance, the claimant must usually prove physical damage to their land or property or injury to health that hinders the use of their land.
- Only individuals with a proprietary interest in the affected land, such as owners or tenants, can file a claim for private nuisance. However, there may be exceptions to this rule.
- Private nuisance protects anyone who has the use or enjoyment of the affected land, including those with rights over or in connection with the land.
- A single act generally does not constitute private nuisance, but there are instances where a seemingly isolated act has been considered a nuisance due to its culmination from an ongoing situation.
- Previous occurrences of a similar event resulting from activities on the defendant's land can establish a case of private nuisance.
- The case of Crown River Cruises Ltd v Kimbolton Fireworks Ltd is challenging to reconcile with previous cases on private nuisance.
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Description
Test your knowledge on distinguishing between private nuisance and public nuisance cases. Learn about instances where a seemingly single act has been considered a private nuisance due to its underlying history. Explore legal principles with examples like the SCM v Whittall & Son Ltd case.
