Study sets matching "tort law nuisance"
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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 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…
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.…
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
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…
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…
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
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…
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
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.
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
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
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…
Private Nuisance
Public Nuisance
Miller v Jackson
Malone v Laskey
- Proprietary interest... - Unreasonable use of land ... - Damage to…
- A class of people... - Special Damage
'Unreasonable use of land to the detriment of his neighbour'
Right to exclusive possession in your own right
Private Nuisance
- Proprietary interest... - Unreasonable use of land ... - Damage to…
Public Nuisance
- A class of people... - Special Damage
Rylands v Fletcher
Rylands v Fletcher (2)
Giles v Walker
Hale v Jennings Bros
If a person brings/accumulates on his land anything which, if…
The Df must bring the material there and keep it/store it there
It will not be an accumulation if it grows or occurs there nat…
The thing itself does not have to be inherently dangerous, but…
Rylands v Fletcher
If a person brings/accumulates on his land anything which, if…
Rylands v Fletcher (2)
The Df must bring the material there and keep it/store it there
Eastern and South Africa Telegraph Co.…
Green v Chelsea Waterworks Co.
Charing Cross Electricity Co. v Hydraul…
Box v Jubb
The Df will not be liable if the escape only causes damage bec…
Where D has a statutory obligation to do a certain act that ru…
Where D has a statutory right to do a certain act, not an obli…
A Df will not be liable where damage is done by a third party…
Eastern and South Africa Telegraph Co.…
The Df will not be liable if the escape only causes damage bec…
Green v Chelsea Waterworks Co.
Where D has a statutory obligation to do a certain act that ru…
Bernstein of Leigh (Baron) v Skyviews &…
Adams v Ursell [1913] 1 Ch 269
Nettleship v Weston [1971] 2 QB 691
M'Alister (or Donoghue) v Stevenson [19…
D was a business which used aircraft to take aerial photograph…
A fish and chip shop was responsible for the smell of deep fri…
A learner driver crashed into a lamp post injuring the only pa…
the concept of a duty of care was expanded in a way which addr…
Bernstein of Leigh (Baron) v Skyviews &…
D was a business which used aircraft to take aerial photograph…
Adams v Ursell [1913] 1 Ch 269
A fish and chip shop was responsible for the smell of deep fri…
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…
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…
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…
Tort
Civil Action
Criminal Action
Intentional Tort
A private wrong committed by one person against another
A lawsuit brought to enforce, redress, or protect rights of pr…
conduct perceived as threatening, harmful, or otherwise endang…
Actions that deliberately hurt, embarrass, or scare people
Tort
A private wrong committed by one person against another
Civil Action
A lawsuit brought to enforce, redress, or protect rights of pr…
Elements of private nuisance
Harm is required under the first elemen…
Hunter v Canary Wharf
Hunter: nuisance is a tort to land
1. Interference with plaintiff's right to the use or enjoyment…
- Different from trespass - all that trespass required was an…
→ Case involved two separate actions:... - Plaintiffs unhappy bec…
- Lord Goff at 687-688: tort directed against the plaintiff's…
Elements of private nuisance
1. Interference with plaintiff's right to the use or enjoyment…
Harm is required under the first elemen…
- Different from trespass - all that trespass required was an…
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…