Tort Law: Nuisance and Interference with Land Use

<p>The defendant's individual circumstances.</p> Signup and view all the answers

<p>Any continuous activity or state of affairs causing a substantial and unreasonable interference with a plaintiff's land or use of that land.</p> Signup and view all the answers

<p>That the defendant's actions were unlawful.</p> Signup and view all the answers

<p>The four factors of abnormal sensitivity, locality, time, and defendant's conduct.</p> Signup and view all the answers

<p>An inconvenience materially interfering with the ordinary comfort of human existence.</p> Signup and view all the answers

<p>Private nuisance requires proof of damage, while trespass does not.</p> Signup and view all the answers

<p>The common law of nuisance has co-existed with statutory controls since the 19th century.</p> Signup and view all the answers

<p>Bradford Corporation v Pickles (1895)</p> Signup and view all the answers

<p>It indicated that malice can be relevant in certain circumstances, particularly when seeking damages.</p> Signup and view all the answers

<p>Vernon Knight Associates v Cornwall County Council (2013)</p> Signup and view all the answers

<p>It relied on The Wagon Mound (No 1) to hold that at the time of contamination, damage had not been foreseen.</p> Signup and view all the answers

<p>Goldman v Hargrave (1967)</p> Signup and view all the answers

<p>It indicated that motive is irrelevant in determining liability for nuisance.</p> Signup and view all the answers

<p>Hollywood Silver Fox Farm v Emmett (1966)</p> Signup and view all the answers

<p>It revised the measured duty of care owed by landowners in relation to natural occurrences on their land.</p> Signup and view all the answers

<p>Fault is not important when seeking an injunction.</p> Signup and view all the answers

<p>Christie v Davey (1893)</p> Signup and view all the answers

<p>There is no principle that the common law should 'march with' a statutory scheme.</p> Signup and view all the answers

<p>Express or implied statutory authority to commit a nuisance.</p> Signup and view all the answers

<p>It is an factor that can be held against the claimant.</p> Signup and view all the answers

<p>The defendant was held not liable for damaging the plaintiff's brown paper.</p> Signup and view all the answers

<p>The defendant was held not liable for interfering with recreational television viewing.</p> Signup and view all the answers

<p>The defendant was held not liable for magnetic waves that affected recording studios.</p> Signup and view all the answers

<p>The defendants were held liable for the smell</p> Signup and view all the answers

<p>To balance competing interests in the overall public interest</p> Signup and view all the answers

<p>It is irrelevant in cases where the interference causes physical damage to the property.</p> Signup and view all the answers

<p>An ongoing state of affairs</p> Signup and view all the answers

<p>The defendant was held liable for causing damage to the plaintiff's property.</p> Signup and view all the answers

<p>The nature of the locality is only relevant in cases where the interference causes physical damage to the property.</p> Signup and view all the answers

<p>The time of day</p> Signup and view all the answers

<p>Planning permission may provide a defence against liability for a nuisance in certain circumstances.</p> Signup and view all the answers

<p>An injunction was granted to stop the piledriving at night</p> Signup and view all the answers

<p>Planning permission never grants immunity from nuisance claims</p> Signup and view all the answers

<p>A crime</p> Signup and view all the answers

<p>The interest of the wider public</p> Signup and view all the answers

<p>An act or omission that materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects</p> Signup and view all the answers

<p>Damages</p> Signup and view all the answers

<p>The defendant must have intended to cause, or been reckless about causing, a nuisance to the public</p> Signup and view all the answers

<p>The Attorney General or an individual member of the class who has suffered particular damage</p> Signup and view all the answers

<p>The activity's impact on the senses of those on the claimant's land</p> Signup and view all the answers

<p>The claim was rejected due to the defendant's pre-existing activity</p> Signup and view all the answers

<p>Injunction to force the defendant to cease or limit the nuisance</p> Signup and view all the answers

<p>In limited circumstances, at the court's discretion</p> Signup and view all the answers

<p>Awarding damages only for losses that are reasonably foreseeable</p> Signup and view all the answers

<p>Pure economic loss in value does not constitute actionable damage in private nuisance</p> Signup and view all the answers

<p>The trial judge held there was no breach of statutory duty.</p> Signup and view all the answers

<p>Landlords if the nuisance is caused by a trespasser</p> Signup and view all the answers

<p>The principle of balance between opposing interests</p> Signup and view all the answers

<p>The plaintiff's occupation of the property as 'home'</p> Signup and view all the answers

<p>The cases of Sturges v Bridgman (1879) and Miller v Jackson (1977)</p> Signup and view all the answers

<p>The statute must be intra vires</p> Signup and view all the answers

<p>The local authority who granted permission</p> Signup and view all the answers

<p>The plaintiff must have a proprietary interest in the property</p> Signup and view all the answers

<p>The requirement to have a proprietary interest in land is open to challenge as incompatible with the HRA 1998</p> Signup and view all the answers

<p>The creator of the nuisance can always be sued</p> Signup and view all the answers