Study sets matching "tort law nuisance"
Study sets
Diagrams
Classes
Users
Winfield
Hunter v Canary Wharf
Malone v Laskey
McKenna v British Aluminium
Private nuisance: 'any unlawful interference with a person's u…
Standing: C must have a proprietary interest in the land
Standing: Proprietary interest includes owner or tenant (a for…
Standing: Conflict between Article 8 right and principle in Ma…
Winfield
Private nuisance: 'any unlawful interference with a person's u…
Hunter v Canary Wharf
Standing: C must have a proprietary interest in the land
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…
Canary Warf
Kimbolton Fireworks
Sturges 1
Coventry
in order to sue you must have a proprietary interest in the la…
actual damage
what would be a nuisance in Belgrave Square would not necessar…
planning permission may not effect the nature of the location
Canary Warf
in order to sue you must have a proprietary interest in the la…
Kimbolton Fireworks
actual damage
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…
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
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.
*ST helens' Smelting Co v Tipping (1965)
Hunter v Canary Wharf (1997)
Network Rail Infrastructure v Morris (2…
Dennis v Ministry of Defence (2003)
Lord Westbury: must distinguish between nuisance cases brought…
Issue 1: D entitled to build on his own land - not restricted…
C had recording studio a mile away from D's railway line, whic…
national interest in RAF training exercise outweighs nuisance…
*ST helens' Smelting Co v Tipping (1965)
Lord Westbury: must distinguish between nuisance cases brought…
Hunter v Canary Wharf (1997)
Issue 1: D entitled to build on his own land - not restricted…
Smith v Giddy (1904)
St Helen's Smelting v Tipping (1865)
British Celanese v Hunt (1969)
Crown River Cruises v Kimbolton Firewor…
Enchroachment : tree hanging over C's land
Copper smelting company's noxious fumes damaged trees on C's p…
An isolated event can lead to an actionable nuisance
Activity creating state of affairs which gives rise to a risk…
Smith v Giddy (1904)
Enchroachment : tree hanging over C's land
St Helen's Smelting v Tipping (1865)
Copper smelting company's noxious fumes damaged trees on C's p…
Nuisance
Defendant's Liability
Common law nuisance
Today's court nuisance
Nuisance means to unreasonable annoying another.
A defendant is liable where the defendant maintains an offensi…
focused on whether the defendant's use of the land substantial…
Courts require the tort to arise from the defendant's intentio…
Nuisance
Nuisance means to unreasonable annoying another.
Defendant's Liability
A defendant is liable where the defendant maintains an offensi…
Who can sue?
Who can be sued?
What are the 3 elements?
What must damage be?
Anyone with legal interest in land (Malone v Laskey)(Hunter v…
Creator, occupier of land, landlord
Indirect interference, damage and unlawful interference
Reasonably foreseeable. Physical damage and SPD only.
Who can sue?
Anyone with legal interest in land (Malone v Laskey)(Hunter v…
Who can be sued?
Creator, occupier of land, landlord
Preliminary considerations
Definition of private nuisance
ID the claimant- what do they need to s…
Who can claimant sue?
Potential private nuisance, public nuisance, Rylands? Same inc…
"Any continuous activity or state of affairs causing a substan…
Claimant must have a proprietary interest in the land. Not suf…
Creator of the nuisance, even if not an occupier (Thomas v NUM…
Preliminary considerations
Potential private nuisance, public nuisance, Rylands? Same inc…
Definition of private nuisance
"Any continuous activity or state of affairs causing a substan…
Preliminary considerations
Definition of private nuisance
ID the claimant- what do they need to s…
Who can claimant sue?
Potential private nuisance, public nuisance, Rylands? Same inc…
"Any continuous activity or state of affairs causing a substan…
Claimant must have a proprietary interest in the land. Not suf…
Creator of the nuisance, even if not an occupier (Thomas v NUM…
Preliminary considerations
Potential private nuisance, public nuisance, Rylands? Same inc…
Definition of private nuisance
"Any continuous activity or state of affairs causing a substan…
nuisance
private nuisance
substantial interference
unreasonable interference
type of harm, not a separate tort in itself... - can be done inte…
a substantial and unreasonable interference with plaintiffs pr…
interference that is offensive, inconvenient, or annoying to t…
the severity of the inflicted injury must outweighs the utilit…
nuisance
type of harm, not a separate tort in itself... - can be done inte…
private nuisance
a substantial and unreasonable interference with plaintiffs pr…
basis of liability for nuisance
nuisance
nuisance generally are
strict liability basis for redressing n…
nuisance is not a separate tort in itself- ... intentional interf…
types of harm- the invasion of either private property either…
intentional interferences because defendant has been made awar…
absolute nuisance or nuisance per se
basis of liability for nuisance
nuisance is not a separate tort in itself- ... intentional interf…
nuisance
types of harm- the invasion of either private property either…
Public Nuisance ... defined
Public Nuisance... who can sue?
Private Nuisance ... elements
Private Nuisance ... Non-trespassory
unreasonable interference w/ public's rights in some unspecifi…
(1) relevant state agency... (2) representative of the community…
(1) non-trespassory;... (2) unreasonable; ... (3) significant interf…
nontrespassory invasion of the interests of another in the use…
Public Nuisance ... defined
unreasonable interference w/ public's rights in some unspecifi…
Public Nuisance... who can sue?
(1) relevant state agency... (2) representative of the community…
Rylands v Fletcher (1868)
What was held in Rylands v Fletcher (18…
What are the four elements to the tort…
1) Bringing onto land and keeping there…
The defendant owned a mill and constructed a reservoir on thei…
The defendants were strictly liable for the damage caused by a…
1) Bringing onto land and keeping there... 2) Something likely to…
This means that anything which is naturally there, cannot give…
Rylands v Fletcher (1868)
The defendant owned a mill and constructed a reservoir on thei…
What was held in Rylands v Fletcher (18…
The defendants were strictly liable for the damage caused by a…
What are the 2 types of Nuisances?
What is the definition of a public nuis…
What 2 things must a public nuisance ha…
Who brings a public nuisance?
Public nuisance and private nuisance
Unreasonable inference with a right common to the general publ…
1. Significant interference... 2. With public health, safety, int…
Public official
What are the 2 types of Nuisances?
Public nuisance and private nuisance
What is the definition of a public nuis…
Unreasonable inference with a right common to the general publ…
How many types of nuisance are there? a…
What is tort of nuisance for?
What is private nuisance?
Elements of private nuisance?
-Public Nuisance... -Private Nuisance... -Statutory Nuisance
Protection for landowners/occupiers. Indirect interference, us…
An unlawful interference with a person's use or enjoyment of l…
1) Unlawful ('unreasonable') use of land... 2) Causing ... 3) Indire…
How many types of nuisance are there? a…
-Public Nuisance... -Private Nuisance... -Statutory Nuisance
What is tort of nuisance for?
Protection for landowners/occupiers. Indirect interference, us…
Nuisance
Public nuisance
Private nuisance
Vic Park Racing & Recreation Grounds Co…
The (indirect) unreasonable interference with another persons…
Protects material comfort and convenience of a class of the pu…
Protects interests derived from private property rights or rig…
The essence of the wrong is the detraction of the occupier's e…
Nuisance
The (indirect) unreasonable interference with another persons…
Public nuisance
Protects material comfort and convenience of a class of the pu…
What is a private nuisance?
What are the theories of liability for…
What is a public nuisance?
What are the remedies for a nuisance?
Conduct that causes a (1) *substantial and unreasonable interf…
1. Intentional;... 2. Negligence; and... 3. Strict liability.
Public nuisance is an act that unreasonably interferes with th…
DAMAGES - For a private nuisance, or for a public nuisance whe…
What is a private nuisance?
Conduct that causes a (1) *substantial and unreasonable interf…
What are the theories of liability for…
1. Intentional;... 2. Negligence; and... 3. Strict liability.
Forest Products
Tock
Medway Dock
Canary Wharf
Defences - ordinary or natural use of land, here a non natural…
Defences - a public sewerage is a reasonable in a public space…
Defences - deals with planning permission, here an authority g…
Defences deals with planning permission, applied Saunders whic…
Forest Products
Defences - ordinary or natural use of land, here a non natural…
Tock
Defences - a public sewerage is a reasonable in a public space…
private nuisance and the associated rul…
public nuisance
considerations when ealuating if torts…
three main types of nuisance
confined to interference with your rights in land,
Cs who have experienced special damage above and beyond that s…
liability (should the court intervene?) and remedies (if so, h…
private nuisance ... public nuisance ... statutory nuisances.
private nuisance and the associated rul…
confined to interference with your rights in land,
public nuisance
Cs who have experienced special damage above and beyond that s…