Defences to Private Nuisance (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Ordinary use defence covers
Ordinary use defence covers
Normal everyday activities/sounds from reasonable land use
Southwark LBC v Mills (2001) held
Southwark LBC v Mills (2001) held
Ordinary household noises not nuisance
Statutory authority defence
Statutory authority defence
Activity authorized by Parliament provides defence
Allen v Gulf Oil (1981) outcome
Allen v Gulf Oil (1981) outcome
Statutory immunity - refinery conformed to Parliament's intent
Act of God defence
Act of God defence
Natural event, unforeseeable, independent of human action
Goldman v Hargrave (1967) principle
Goldman v Hargrave (1967) principle
Must remedy natural hazards once aware of them
Prescription defence time needed
Prescription defence time needed
At least 20 years continuous nuisance
Sturges v Bridgman (1879) - why prescription failed
Sturges v Bridgman (1879) - why prescription failed
Nuisance only began when new building erected
Coming to the nuisance as defence
Coming to the nuisance as defence
NOT a defence in English law
Planning permission as nuisance defence
Planning permission as nuisance defence
NOT a defence to nuisance claims