Defences to Private Nuisance (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Ordinary use of land defence principle
Ordinary use of land defence principle
Normal everyday use of property doesn't amount to actionable nuisance
Southwark v Mills (2001) held
Southwark v Mills (2001) held
Normal daily living sounds (talking, snoring, footsteps) not nuisance
Statutory authority as defence
Statutory authority as defence
Complete defence if acting under Parliamentary powers authorisation
Statutory authority: 2 elements defendant must prove
Statutory authority: 2 elements defendant must prove
- Acting under specific statutory power 2) Didn't exceed authority
Does planning permission authorise nuisance?
Does planning permission authorise nuisance?
No, but may change locality character affecting reasonableness
Act of God defence definition
Act of God defence definition
Extraordinary natural event, no human cause, unforeseeable/preventable
Goldman v Hargrave duty
Goldman v Hargrave duty
Must take reasonable steps to remedy nuisance once aware of it
Prescription defence: time period needed
Prescription defence: time period needed
20 years or more of continuous nuisance with claimant's knowledge
Sturges v Bridgman: when 20-year period starts
Sturges v Bridgman: when 20-year period starts
Only when claimant becomes aware of/affected by the nuisance
Act of God defence limitation
Act of God defence limitation
Only covers initial event; must remedy once aware, not ongoing inaction