Defences to Private Nuisance (AQA A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
In Southwark v Mills (2001), what sounds were held NOT to constitute a nuisance?
In Southwark v Mills (2001), what sounds were held NOT to constitute a nuisance?
Sounds of ordinary daily living
What two elements must a defendant prove for the statutory authority defence?
What two elements must a defendant prove for the statutory authority defence?
Acting under statutory power & not exceeded
Does planning permission alone authorize a nuisance?
Does planning permission alone authorize a nuisance?
No, but may change locality character
When does a defendant lose the Act of God defence per Goldman v Hargrave (1967)?
When does a defendant lose the Act of God defence per Goldman v Hargrave (1967)?
Once aware & fail to take reasonable steps
Which example best illustrates an Act of God?
Which example best illustrates an Act of God?
Exceptional flooding from severe storm
How long must a nuisance continue for prescription defence to succeed?
How long must a nuisance continue for prescription defence to succeed?
20 years or more
In Sturges v Bridgman (1879), when did the 20-year prescription period begin?
In Sturges v Bridgman (1879), when did the 20-year prescription period begin?
When the doctor became affected
What standard applies when deciding if landowner took reasonable action after natural event?
What standard applies when deciding if landowner took reasonable action after natural event?
Reasonable landowner in their position
For Rylands v Fletcher, when does act of a stranger provide complete defence?
For Rylands v Fletcher, when does act of a stranger provide complete defence?
Outside control & not reasonably foreseen
What is the consent or benefit defence in Rylands v Fletcher?
What is the consent or benefit defence in Rylands v Fletcher?
Claimant benefits so deemed to consent