Private Nuisance (AQA A-Level Law): Flashcards
📚Flashcards
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10 cards from this deck
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Practise the cards
10 cards from this deck
Claimant requirement for private nuisance claim
Claimant requirement for private nuisance claim
Proprietary interest in the affected land
Malone v Laskey (1907) - key principle
Malone v Laskey (1907) - key principle
No proprietary interest = no claim in nuisance
What defendant needs in private nuisance
What defendant needs in private nuisance
Control over source of nuisance, not ownership
4 factors assessing reasonableness in nuisance
4 factors assessing reasonableness in nuisance
Locality, duration, sensitivity, malice (LDSM)
When locality principle becomes irrelevant
When locality principle becomes irrelevant
When there is physical damage to property
St Helen's Smelting v Tipping (1865) principle
St Helen's Smelting v Tipping (1865) principle
Physical damage = locality irrelevant
Sensitivity rule in private nuisance
Sensitivity rule in private nuisance
No protection for abnormally sensitive uses/property
Effect of malice on private nuisance
Effect of malice on private nuisance
Makes otherwise acceptable activity unreasonable
Two things NOT defences to private nuisance
Two things NOT defences to private nuisance
Public benefit and coming to the nuisance
Foreseeability requirement in private nuisance
Foreseeability requirement in private nuisance
Type of damage must be reasonably foreseeable