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Questions and Answers
What is the primary difference between the tort of nuisance and the law of trespass?
What is the primary difference between the tort of nuisance and the law of trespass?
- Trespass is a crime, while nuisance is a tort.
- Trespass deals with direct interference, while nuisance deals with indirect interference. (correct)
- Nuisance is a public tort, while trespass is a private tort.
- Nuisance is a crime, while trespass is a tort.
What is the burden of proof in a nuisance claim?
What is the burden of proof in a nuisance claim?
- The defendant must prove they took reasonable care.
- The claimant must show lack of reasonable care. (correct)
- The claimant must prove the defendant's intention to cause harm.
- The claimant must prove the defendant's malice.
What is the key difference between public and private nuisance?
What is the key difference between public and private nuisance?
- Public nuisance requires an interest in land, while private nuisance does not.
- Private nuisance is a crime, while public nuisance is a tort.
- Public nuisance does not require an interest in land, while private nuisance does. (correct)
- Public nuisance is a crime, while private nuisance is a tort.
What is the test for determining the defendant's duty of care in nuisance?
What is the test for determining the defendant's duty of care in nuisance?
What is the definition of nuisance given in Bamford v Turnley (1862)?
What is the definition of nuisance given in Bamford v Turnley (1862)?
What is the key element that the claimant must prove in a private nuisance claim?
What is the key element that the claimant must prove in a private nuisance claim?
What is the test for determining whether an interference is unlawful in private nuisance?
What is the test for determining whether an interference is unlawful in private nuisance?
What is the definition of unlawful interference given in Sedleigh-Denfield v O'Callaghan (1940)?
What is the definition of unlawful interference given in Sedleigh-Denfield v O'Callaghan (1940)?
What is the key difference between the elements of proof in trespass and private nuisance?
What is the key difference between the elements of proof in trespass and private nuisance?
What is the relationship between the common law of nuisance and statutory controls?
What is the relationship between the common law of nuisance and statutory controls?
In what case did the court hold that malice is irrelevant in determining liability for nuisance?
In what case did the court hold that malice is irrelevant in determining liability for nuisance?
What is the significance of Christie v Davey (1893) in relation to malice in nuisance?
What is the significance of Christie v Davey (1893) in relation to malice in nuisance?
In what case did the court hold that a landowner owes a measured duty of care to prevent natural occurrences on their land from causing damage to neighboring properties?
In what case did the court hold that a landowner owes a measured duty of care to prevent natural occurrences on their land from causing damage to neighboring properties?
What is the significance of Cambridge Water Co v Eastern Counties Leather plc (1994) in relation to nuisance?
What is the significance of Cambridge Water Co v Eastern Counties Leather plc (1994) in relation to nuisance?
In what case did the court hold that an occupier may be liable for a nuisance caused by a natural occurrence on their land if they are aware of it and fail to take reasonable steps to abate it?
In what case did the court hold that an occupier may be liable for a nuisance caused by a natural occurrence on their land if they are aware of it and fail to take reasonable steps to abate it?
What is the significance of Bradford Corporation v Pickles (1895) in relation to malice in nuisance?
What is the significance of Bradford Corporation v Pickles (1895) in relation to malice in nuisance?
In what case did the court follow the decision in Christie v Davey (1893) and grant an injunction because of the defendant's motive?
In what case did the court follow the decision in Christie v Davey (1893) and grant an injunction because of the defendant's motive?
What is the significance of Vernon Knight Associates v Cornwall County Council (2013) in relation to nuisance?
What is the significance of Vernon Knight Associates v Cornwall County Council (2013) in relation to nuisance?
What is the role of fault in determining liability for nuisance when seeking an injunction?
What is the role of fault in determining liability for nuisance when seeking an injunction?
In what case did the court hold that a defendant's conduct can be relevant in determining liability for nuisance, but only in certain circumstances?
In what case did the court hold that a defendant's conduct can be relevant in determining liability for nuisance, but only in certain circumstances?
What is the principle that guides the common law in relation to a statutory scheme covering similar subject matter?
What is the principle that guides the common law in relation to a statutory scheme covering similar subject matter?
What is the basis for using a statutory scheme to cut down private law rights?
What is the basis for using a statutory scheme to cut down private law rights?
What is the significance of abnormal sensitivity in determining liability for a nuisance?
What is the significance of abnormal sensitivity in determining liability for a nuisance?
In Robinson v Kilvert (1889), what was the outcome of the case?
In Robinson v Kilvert (1889), what was the outcome of the case?
In Bridlington Relay Co v Yorkshire Electricity Board (1965), what was the outcome of the case?
In Bridlington Relay Co v Yorkshire Electricity Board (1965), what was the outcome of the case?
In Network Rail Infrastructure Limited v Morris (2004), what was the outcome of the case?
In Network Rail Infrastructure Limited v Morris (2004), what was the outcome of the case?
What was the outcome of the Wheeler v JJ Saunders Ltd case in 1996?
What was the outcome of the Wheeler v JJ Saunders Ltd case in 1996?
According to Lord Neuberger in Coventry v Lawrence, what is the role of a planning authority?
According to Lord Neuberger in Coventry v Lawrence, what is the role of a planning authority?
What is the significance of the nature of the locality in determining liability for a nuisance?
What is the significance of the nature of the locality in determining liability for a nuisance?
What is the general requirement for a private nuisance claim?
What is the general requirement for a private nuisance claim?
In St Helen's Smelting Co v Tipping (1865), what was the outcome of the case?
In St Helen's Smelting Co v Tipping (1865), what was the outcome of the case?
What is the difference between nuisances causing damage to property and those causing personal discomfort?
What is the difference between nuisances causing damage to property and those causing personal discomfort?
In Halsey v Esso, what was the factor that determined the reasonableness of the activity?
In Halsey v Esso, what was the factor that determined the reasonableness of the activity?
What is the effect of planning permission on liability for a nuisance?
What is the effect of planning permission on liability for a nuisance?
What was the outcome of the De Keyser's Royal Hotel v Spicer case in 1914?
What was the outcome of the De Keyser's Royal Hotel v Spicer case in 1914?
What is the key takeaway from the Wheeler v JJ Saunders Ltd case and Coventry v Lawrence?
What is the key takeaway from the Wheeler v JJ Saunders Ltd case and Coventry v Lawrence?
What is the primary characteristic of public nuisance?
What is the primary characteristic of public nuisance?
What is the interest protected by public nuisance?
What is the interest protected by public nuisance?
What is the definition of public nuisance given by Romer LJ in Attorney General v PYA Quarries Ltd (1957)?
What is the definition of public nuisance given by Romer LJ in Attorney General v PYA Quarries Ltd (1957)?
What is the remedy for personal injury in a case of public nuisance?
What is the remedy for personal injury in a case of public nuisance?
What is the additional requirement proposed for public nuisance in the 2015 Report on the Simplification of the Criminal Law?
What is the additional requirement proposed for public nuisance in the 2015 Report on the Simplification of the Criminal Law?
Who can bring an action in a case of public nuisance?
Who can bring an action in a case of public nuisance?
What is a key factor in determining whether a defendant's pre-existing activity gives rise to a nuisance?
What is a key factor in determining whether a defendant's pre-existing activity gives rise to a nuisance?
In Miller v Jackson, what was the court's decision regarding the nuisance claim?
In Miller v Jackson, what was the court's decision regarding the nuisance claim?
What is the primary remedy for a nuisance claim?
What is the primary remedy for a nuisance claim?
In what circumstances may damages be awarded in lieu of an injunction?
In what circumstances may damages be awarded in lieu of an injunction?
What is the correct approach to calculating damages for nuisance?
What is the correct approach to calculating damages for nuisance?
What is the outcome of the Network Rail Infrastructure v Williams and Waistell (2018) case?
What is the outcome of the Network Rail Infrastructure v Williams and Waistell (2018) case?
In the case of Marcic v Thames Water Utilities Ltd (2004), what was the initial decision of the trial judge regarding the breach of statutory duty?
In the case of Marcic v Thames Water Utilities Ltd (2004), what was the initial decision of the trial judge regarding the breach of statutory duty?
Who is not liable for nuisance according to the rule established in the case of Wringe v Cohen (1940)?
Who is not liable for nuisance according to the rule established in the case of Wringe v Cohen (1940)?
What is the principle established in the case of Hunter v Canary Wharf (1997)?
What is the principle established in the case of Hunter v Canary Wharf (1997)?
In the case of Khorasandjian v Bush (1993), what was the basis for the plaintiff's entitlement to an injunction?
In the case of Khorasandjian v Bush (1993), what was the basis for the plaintiff's entitlement to an injunction?
What is the defence of twenty years' prescription based on?
What is the defence of twenty years' prescription based on?
What is the condition for statutory authority to be a valid defence?
What is the condition for statutory authority to be a valid defence?
Who is liable for noise coming from a go-kart circuit built on their land?
Who is liable for noise coming from a go-kart circuit built on their land?
What is the requirement for a plaintiff to sue for nuisance?
What is the requirement for a plaintiff to sue for nuisance?
What is the outcome of the case of McKenna v British Aluminium Limited (2002) regarding nuisance?
What is the outcome of the case of McKenna v British Aluminium Limited (2002) regarding nuisance?
What is the principle established in the case of Southport Corporation v Esso Petroleum (1956) regarding nuisance?
What is the principle established in the case of Southport Corporation v Esso Petroleum (1956) regarding nuisance?
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Study Notes
Private Nuisance
- Definition: Unlawful interference with a person's use or enjoyment of land, or some right over land
- Burden: Claimant must show lack of reasonable care (similar to negligence)
- Key elements:
- Damage has been suffered (different from trespass)
- Interference was unlawful (must be unreasonable)
- Unlawful interference:
- Abnormal sensitivity of the claimant
- Nature of locality (industrial area, etc.)
- Time and duration of the interference
- Defendant's conduct, considering the circumstances (malice is looked at)
- Defendant's conduct:
- Malice is irrelevant most of the time
- But malice can be relevant in certain circumstances
- Occupiers:
- Liable if aware of nuisance and fail to take reasonable care
- Owe a measured duty of care in natural occurrences
Remedies
- Injunction: Primary remedy, aim is to force defendant to cease or limit nuisance
- Damages: For loss of amenity, depreciation of land value
- Abatement: Discouraged by courts, claimant takes steps to stop the nuisance
Important Factors
- Abnormal sensitivity: Claimant's health or property may be abnormally sensitive or prone to damage
- Context: Nature of the locality does not apply in cases where interference causes physical damage to property
- Planning permission: Not a defence to a nuisance claim, but may be a factor in balancing competing interests
Who can Sue
- Damage to the property is usually the key
- Who has legal interest in the property?
- Occupier or landlord may be liable, depending on the circumstances
Defences
- Twenty years' prescription
- Statutory authority (only if intra vires)### Public Nuisance
- Primarily a crime, similar to private nuisance, but protects the interest of the wider public
- Interferes with the use or enjoyment of land, and is considered an indirect interference
- Rules on who can sue and be sued are the same as private nuisance
- Requires interference to be unreasonable
- Defined by Romer LJ in Attorney General v PYA Quarries Ltd (1957) as an act or omission that "materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects"
- Examples: droppings from feral pigeons (Wandsworth London Borough Council v Railtrack plc, 2001), sex shop (Laws v Florinplace, 1981)
Remedies
- Personal injury: damages are recoverable
- Personal injuries are distinct from interference with use or enjoyment of land (Hunter)
- Examples: Castle v St Augustine's Links (1922), Corby Group Litigation v Corby BC (2008)
Defences
- Same as private nuisance, except for the 20 years' prescription defence
- Proposed reforms (2015 Report on the Simplification of the Criminal Law) include replacing public nuisance with a statutory offence requiring intent or recklessness
Who Can Sue
- The Attorney General can bring a relator action
- An individual member of the affected class can bring an action if they suffered particular damage over and above the damage sustained by the public generally
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