Private Nuisance (OCR A-Level Law): Quizzes

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Private Nuisance
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Who can bring a claim in private nuisance?

Only those w/ legal interest in land

What must a defendant have to be liable for nuisance?

Control over source of nuisance

Which has been recognised as a type of interference in private nuisance?

Smells from neighbouring property

When does locality become irrelevant in assessing nuisance?

When nuisance causes physical damage

What is the rule regarding abnormally sensitive claimants?

Defendants not liable for their losses

How does malice affect liability in private nuisance?

It makes reasonable activity unreasonable

What must be foreseeable for a defendant to be liable?

The type of damage that occurred

Which is NOT a defence to private nuisance?

Public benefit of the activity

What are the four key factors for assessing unreasonableness?

Locality, duration, sensitivity, malice

Can temporary activities constitute a nuisance?

Yes, if timing is inappropriate

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