294130
Beschreibung
Mindmap von theresa.upperton, aktualisiert more than 1 year ago
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Erstellt von theresa.upperton
vor mehr als 10 Jahre
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private nuisance
- steps and 4 cases
- 1. standing to sue. 2.
type of interference:
causing physical
damage/encroachment
onto land (damages by
fact), or interfering with
comfort and
convenience. 3.
reasonableness test
- St Helens Smelting: actual damage
= nature of neighbourhood not taken
into acct
- Halsey (v Esso: factory smells and noises): D
trying to minimise annoyance not a defence.
Supersensitivity will not determine nuisance, but
"plain and sober and simple notions", not dainty
habits
- Davidson: capital loss.
damages for this fit
awkwardly into a tort of
transitory interference
- Northcote College: school liable if P's
complaint was a natural and prob
consequence of letting kids play
unsupervised. nuisances can be
intermittent
- St Helens Smelting: actual damage
= nature of neighbourhood not taken
into acct
- 1. standing to sue. 2.
type of interference:
causing physical
damage/encroachment
onto land (damages by
fact), or interfering with
comfort and
convenience. 3.
reasonableness test
- other issues: emanation
- Hunter: required
- Wu: upholds Clearlite (council
tunnelling, no emanation) that it
can be a nuisance without
emanation
- Hunter: required
- other issues: social utility/ when P comes to a nuisance
- Sturges (confectioner
and dr): not a defence that
it had never been a
nuisance before
- Miller (cricket): social utility overrides
- Kennaway (speedboats):
injunction granted at
certain times of year
- BNZ (glare): if nuisance of a
continuing nature, right to have
it stopped (Kennaway, Shelfer)
otherwise "licencing
wrongdoing"
- D had to provide blinds. Test
of reasonableness: locality,
frequency, duration, time of
day, intensity
- D had to provide blinds. Test
of reasonableness: locality,
frequency, duration, time of
day, intensity
- Sturges (confectioner
and dr): not a defence that
it had never been a
nuisance before
- other issues: when nuisance not
caused by the D
- Sedleigh-Denfield (pipe not laid
by D burst): "caused or
continued" nuisance? if you
permit sth offensive to continue
in knowledge of it and with ability
to stop it. D could "reasonably
abate it"
- Delaware Mansions
(tree roots): D should
be entitled to notice
and a reasonable opp
to remedy
encroachment b4
liability. no diff between
planted trees and
naturally growing ones
- Davey and Morgan
both said tree roots
= nuisance
- Davey and Morgan
both said tree roots
= nuisance
- Sedleigh-Denfield (pipe not laid
by D burst): "caused or
continued" nuisance? if you
permit sth offensive to continue
in knowledge of it and with ability
to stop it. D could "reasonably
abate it"
- remedies
- damages instead of injunction rare. Lord Cairn's
Act and shelfer: will be given if: small injury;
capable of being estimated in monetary terms; can
be adequately compensated by paymt; oppressive
on D to grant an injunction eg Miller
- damages instead of injunction rare. Lord Cairn's
Act and shelfer: will be given if: small injury;
capable of being estimated in monetary terms; can
be adequately compensated by paymt; oppressive
on D to grant an injunction eg Miller
- other issues: malice
- Pickles (drew water
away from P's land):
malice doesn't
matter. why? water
rights unqualified
- Silver Fox: vixens
were supersensitive,
but doesn't matter cos
of malice. intention
matters.
- Christie supports: D was making
sound "only for the purpose of
annoyance"
- Christie supports: D was making
sound "only for the purpose of
annoyance"
- Pickles (drew water
away from P's land):
malice doesn't
matter. why? water
rights unqualified
- other issues: standing to sue
- Hunter minority:
those who have a
"home" in the
premises. families
can choose who will
sue. to exclude
some is "senseless
discrimination". tort
should be flexible.
- Hunter majority: a
mere licensee in the
house isn't enough
to sue. have to have
exclusive
possession.
otherwise tort is
stretched too far eg.
to workplaces? D
has to negotiate
with too many
- Hunter minority:
those who have a
"home" in the
premises. families
can choose who will
sue. to exclude
some is "senseless
discrimination". tort
should be flexible.
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