Nuisance (VCE SSCE Legal Studies): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
Tort protecting from unreasonable property interference
Tort protecting from unreasonable property interference
Nuisance
Private nuisance definition
Private nuisance definition
Substantial & unreasonable interference w/ land use & enjoyment
Public nuisance must affect how many people?
Public nuisance must affect how many people?
Considerable number to a considerable degree
Required proof for public nuisance claim
Required proof for public nuisance claim
Special damage greater than general public suffered
3 elements to prove nuisance liability
3 elements to prove nuisance liability
Property right, interference, damage suffered
Limitation period for nuisance property damage
Limitation period for nuisance property damage
Six years from date damage occurred
Limitation period for nuisance personal injury
Limitation period for nuisance personal injury
Three years from knowledge of injury & cause
Defence when legislation permits the conduct
Defence when legislation permits the conduct
Statutory authorisation
Damages accurately measured monetarily (e.g. lost wages)
Damages accurately measured monetarily (e.g. lost wages)
Special damages
Damages not accurately measured (e.g. pain & suffering)
Damages not accurately measured (e.g. pain & suffering)
General damages