Study sets matching "tort law nuisance"
Study sets
Diagrams
Classes
Users
Sturges v Bridgman [1879]
Capital Properties Ltd & Another v Shee…
Christe v Davey (1893)
Robinson v Kilvert (1889)
What is a nuisance in Belgravia would not necessarily be a nui…
The claim was dismissed as the court did not see any unreasona…
An injunction was granted to restrain the defendant's actions…
The defendant was not liable. The damage was due to the specia…
Sturges v Bridgman [1879]
What is a nuisance in Belgravia would not necessarily be a nui…
Capital Properties Ltd & Another v Shee…
The claim was dismissed as the court did not see any unreasona…
Southport Corporation v Esso Petroleum…
Private Nuisance (definition)
St Helen's Smelting Co v Tipping (1865)
The stages to establishing a private nu…
Indirect and uneasonable interferences to land, including cons…
'Any unlawful interference with a person's use or enjoyment of…
Material damage to property can never arise from a reasonable…
1. Establish Standing... 2. Emanation... 3. Was there an unreasonabl…
Southport Corporation v Esso Petroleum…
Indirect and uneasonable interferences to land, including cons…
Private Nuisance (definition)
'Any unlawful interference with a person's use or enjoyment of…
private nuisance
three types of private nuisance
characteristics of a private nuisance
hunter v canary wharf
- an interference with a person's enjoyment and use of their l…
- encroachment on a neighbour's land... - direct physical injury…
- the claimant must have interest in the land... - there must be…
- the claimants sought damages for private nuisance in respect…
private nuisance
- an interference with a person's enjoyment and use of their l…
three types of private nuisance
- encroachment on a neighbour's land... - direct physical injury…
Private nuisance forms:
Definition of private nuisance - Winfie…
Who can sue?
Who can sue? Malone v Laskey
Physical injury to land... Substantial interference with the enjo…
"Unlawful interference with a person's use or enjoyment of lan…
The claimant must have a relevant legal interest in the land o…
The Court of Appeal refused an individual's complaint, they we…
Private nuisance forms:
Physical injury to land... Substantial interference with the enjo…
Definition of private nuisance - Winfie…
"Unlawful interference with a person's use or enjoyment of lan…
public nuisance
fault element
r v goldstein
relator action
- a nuisance which materially affects the reasonable comfort a…
foreseeability of the risk of the type of nuisance
- the defendant had enclosed some salt in an envelope and the…
an injunction is sought to stop a person committing a public n…
public nuisance
- a nuisance which materially affects the reasonable comfort a…
fault element
foreseeability of the risk of the type of nuisance
Philosophy of private nuisance
Sedleigh-Denfield v O'Callaghan, Lord W…
Rogers
Malone v Laskey
Protects the claimant's right to use and enjoy their land - ba…
"A balance has to be maintained between the rights of the occu…
A defendant commits a nuisance when he/she unlawfully interfer…
Licensees don't have standing
Philosophy of private nuisance
Protects the claimant's right to use and enjoy their land - ba…
Sedleigh-Denfield v O'Callaghan, Lord W…
"A balance has to be maintained between the rights of the occu…
Introduction
Interference with Use and Enjoyment of…
Who Can Sue in Public Nuisance?
Who Can Be Sued In Private Nuisance?
- Winfield 'consists of continuous, unlawful and indirect inte…
- Proof of damage necessary; not actionable per say... - St Helen…
Only someone who has possessory or proprietary in land. - esta…
- Creator of nuisance, owner, occuier... - When someone authorise…
Introduction
- Winfield 'consists of continuous, unlawful and indirect inte…
Interference with Use and Enjoyment of…
- Proof of damage necessary; not actionable per say... - St Helen…
Introduction
Who can Sue?
Who Can be Sued?
What Kind of Damage?
- According to Attorney General Quarries public nuisance is an…
- Not realistic for individual to bring action... As a class or a…
- Creator of nuisance
- Property - Halsey... - Obstruction of, or damage to public high…
Introduction
- According to Attorney General Quarries public nuisance is an…
Who can Sue?
- Not realistic for individual to bring action... As a class or a…
Philosophy
AG v PYA Quarries
Local Government Act 1972, s.222
Colour Quest Ltd v Total Downstream UK…
Relates to D's unreasonable interference with C's use of the h…
Must be a member of an affected class of her majesty's subjects
A local authority can bring an action on behalf of the public
There is no requirement that C should have an interest in the…
Philosophy
Relates to D's unreasonable interference with C's use of the h…
AG v PYA Quarries
Must be a member of an affected class of her majesty's subjects
Definition of Private Nuisance
Definition of Public Nuisance
Three types of Private Nuisance
What amounts to a Nuisance? Case
Unlawful interference with a persons use of or enjoyment of la…
A disturbance which affects the public in general but the clai…
1) Phisical Injury tomland eg. Flooding... 2) Substantial interfe…
Hunter v Canary Wharf... Only those with rights in the land.... Held…
Definition of Private Nuisance
Unlawful interference with a persons use of or enjoyment of la…
Definition of Public Nuisance
A disturbance which affects the public in general but the clai…
Private nuisance
Malone v Laskey
Hunter v Canary Wharf
Bury v Pope
Any unlawful interference with a person's use or enjoyment of…
Daughter attempted to claim, not allowed as not her property.…
Numerous people complained because a tower blocked their TV si…
House that had been enjoying light for 30 years, defendant had…
Private nuisance
Any unlawful interference with a person's use or enjoyment of…
Malone v Laskey
Daughter attempted to claim, not allowed as not her property.…
private
public
Interest
Damage
Interest in the land... Actionable... Mckenna- need to be convention…
No interest in the land- Colourquest... Affect member of her maje…
Hunter- proprietary interest
tangible.... amenity, physical- st helens
private
Interest in the land... Actionable... Mckenna- need to be convention…
public
No interest in the land- Colourquest... Affect member of her maje…
Southwalk LBC v Mills
Woods v Riley
Miller v Jackson
Sturges v Bridgman
Developed the principle of good neighbourliness (treat your ne…
If the nuisance is created by the Df's ordinary use of the lan…
'Coming to the nuisance' is not a defence
If a nuisance has been actionable for over 20 years then the D…
Southwalk LBC v Mills
Developed the principle of good neighbourliness (treat your ne…
Woods v Riley
If the nuisance is created by the Df's ordinary use of the lan…
An unlawful interference for a sunstant…
He has a right to bring the action and…
Someone with a legal interest in the la…
Someone who creates a nuisance/ someone…
What is a private nuisance?
The C must show
What is a C?
What is a D?
An unlawful interference for a sunstant…
What is a private nuisance?
He has a right to bring the action and…
The C must show
What is the intro for private nuisance?
What is step 1 for private nuisance?
What is step 2 for private nuisance?
What is step 3 for private nuisance?
A private nuisance is an unlawful interference for a substanti…
Claimant has right to bring an action against defendant... Claim…
Was there interference?... Physical damage... Loss of amenity... Eg Pl…
Was the interference lawful?... 1. Locality... Halsey v Esso... 2. Dura…
What is the intro for private nuisance?
A private nuisance is an unlawful interference for a substanti…
What is step 1 for private nuisance?
Claimant has right to bring an action against defendant... Claim…
What is a private nuisance?
Give an example of a private nuisance?
What is a nuisance?
What is the essence of a private nuisan…
Private nuisance is a civil wrong based on a disturbance of ri…
-Noise disturbance... -Vibrations caused on private land... -Destruc…
A term of art.
When the enjoyment of ones land interferes with the land of an…
What is a private nuisance?
Private nuisance is a civil wrong based on a disturbance of ri…
Give an example of a private nuisance?
-Noise disturbance... -Vibrations caused on private land... -Destruc…
What is the intro for public nuisance?
What is step 1 for public nuisance?
What is step 2 for public nuisance?
What is step 3 for public nuisance?
Activities under public nuisance are now covered under legisla…
Have a class of people been affected?... R v Madden... 'Materially a…
Have the members of that class suffered a common harm?... Affect…
Civil action brought by an individual who has suffered a speci…
What is the intro for public nuisance?
Activities under public nuisance are now covered under legisla…
What is step 1 for public nuisance?
Have a class of people been affected?... R v Madden... 'Materially a…
Hunter v Canary Wharf Ltd & London Dock…
Cambridge Water v Eastern Counties Leat…
St Helens Smelting Co. Ltd. v Tipping
Baxter v London Borough of Camden
A private nuisance must be an interference with the use and en…
Damage must be reasonably foreseeable
Physical damage to property is never reasonable
The nuisance must have been unreasonable- goes beyond normal b…
Hunter v Canary Wharf Ltd & London Dock…
A private nuisance must be an interference with the use and en…
Cambridge Water v Eastern Counties Leat…
Damage must be reasonably foreseeable
Private nuisance
Locality is not relevant where physical…
No legal standing as no proprietary int…
Family members and other licencees had…
any unlawful interference with a person's use or enjoyment of…
St Helens Smelting Co v Tipping
Malone v Laskey
Khorasandijan v Bush
Private nuisance
any unlawful interference with a person's use or enjoyment of…
Locality is not relevant where physical…
St Helens Smelting Co v Tipping
Winfield and Jolowitz
Stephens v Anglia Water Authority 1987
Mitchell v Darley Main Delivery Co 1884
British Celanese v Hunt 1969
(Overview) Define private nuisance as an unlawful interference…
(Overview) Held that there is no right to have one's land supp…
(Overview) Held that very slight damage to property causing no…
(Overview) D's metal foil was blown into an electricity statio…
Winfield and Jolowitz
(Overview) Define private nuisance as an unlawful interference…
Stephens v Anglia Water Authority 1987
(Overview) Held that there is no right to have one's land supp…
Occupiers liability act
Occupiers liability act
Cunningham v reading FC 1991
British railways board v Harrington 197…
1957 lawful visitors
1984, unlawful visitors
Duty of care due to foreseeable circumstances
Duty of care due to a lack of anticipation of that happening
Occupiers liability act
1957 lawful visitors
Occupiers liability act
1984, unlawful visitors
Private Nuisance
Types of Nuisance
Nuisance
Hunter v Canary Wharf (1997)
The unlawful interference with a person's use or enjoyment of…
Private, public, statutory.
Tort against land. Unlawful or unreasonable interference with…
Provided the threefold division of unlawful interference.
Private Nuisance
The unlawful interference with a person's use or enjoyment of…
Types of Nuisance
Private, public, statutory.
Nuisance
Hunter v Canary Wharf 1997
St Helens Smelting Co v Tipping 1865
Malone v Laskey 1907
damage from land to land - includes things affixed to land
need for land qualification in private. beneficial interest wo…
categorised between material physical damage (Fumes or killing…
is proprietary right in the land required for an action in pri…
Nuisance
damage from land to land - includes things affixed to land
Hunter v Canary Wharf 1997
need for land qualification in private. beneficial interest wo…
Name three different types of trespass
What three ways can Trespass to the per…
Define Assault
Name three acts that could be classed a…
•Trespass to the person... •Trespass to goods... •Trespass to land
•Assault... •Battery... •False imprisonment
An act which causes another person to fear immediate and unlaw…
•Raising a fist... •Threatening with a weapon... •Throwing something…
Name three different types of trespass
•Trespass to the person... •Trespass to goods... •Trespass to land
What three ways can Trespass to the per…
•Assault... •Battery... •False imprisonment
Attorney General v PYA Quarries
Castle v St Augustine Links
Rose v Miles
Noble v Harrison
Public - group of the public need to be affected
Public - Claimant needs to have suffered more than others
Public - Financial loss
Public - Projections over highways which cause damage
Attorney General v PYA Quarries
Public - group of the public need to be affected
Castle v St Augustine Links
Public - Claimant needs to have suffered more than others