Private Nuisance (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Definition of private nuisance
Definition of private nuisance
Unreasonable interference with use/enjoyment of land
Claimant standing requirement in private nuisance
Claimant standing requirement in private nuisance
Must have legal/proprietary interest in affected land
Hunter v Canary Wharf - standing principle
Hunter v Canary Wharf - standing principle
Legal interest required; no personal injury claims allowed
Four factors for assessing unreasonable interference
Four factors for assessing unreasonable interference
Locality, duration/timing, sensitivity, malice
Locality principle in nuisance
Locality principle in nuisance
Character of area relevant - industrial vs residential
St Helen's Smelting exception
St Helen's Smelting exception
Physical damage makes locality irrelevant
Sensitivity rule (Robinson v Kilvert)
Sensitivity rule (Robinson v Kilvert)
No liability for damage to abnormally sensitive uses
Role of malice in nuisance
Role of malice in nuisance
Deliberate harm makes otherwise reasonable act unreasonable
Public benefit as defence in nuisance
Public benefit as defence in nuisance
NOT a defence (Miller v Jackson)
Foreseeability in private nuisance
Foreseeability in private nuisance
Only liable for reasonably foreseeable types of damage