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private nuisance

holmull Inglés 26 fichas

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  1. 1what is private nuisance?defined as an unlawful interference with a persons use/enjoyment of land or some right over, in connection with it.
  2. 2what are the three types of private nuisance1) physical injury to land
    2) substantial interference with enjoyment of land
    3) encroachment on a neighbours land
  3. 3where are the courts more willing to find a nuisance?in cases of damage to property. mere personal discomfort will be treated less important unless interference is such that is conflicting with the comfort physically of human existence
  4. 4what is the main test for private nuisance?reasonable user: Sedleigh v O'Callaghan: balance has to be maintained between right of occupier to do what he likes with his land and right of neighbour not to be interfered with
  5. 5what Q will the courts ask?is the result of Ds conduct such that it is likely to cause unreasonable interference with Cs enjoyment of land?
  6. 6factors determining reasonable user: 1) locality-not relevant where material physical damage has been suffered by C.
    -where C has suffered personal discomfort/inconvenience it becomes relevant.
    -nature of locality may change overtime and is examined as it is today- wheeler v saunders (planning permission not be said to allow a change in character of neighbourhood)
  7. 72) duration and frequency-C will have to endure some inconvenience in his enjoyment of land. what is unreasonable is when it happens frequently and for long periods of time.
    -must be substantial- so the Q is one of degree and whether interference is sufficiently serious.
    -common-sense approach will be used
  8. 83) utility of Ds conduct-mere fact Ds act benefits community will not stop liability from arising.
    -as nuisance is concerned with balancing interests it may be that C will have to bear some disturbance.
    -Q of degree of interference again- adams v ursell
  9. 94) abnormal sensitivityresult of Ds conduct must be such as to unreasonably affect the ordinary citizen. discomfort resulting from personal sensitivity to noise/heat which would not affect ordinary man= no nuisance
    -robinson v kilvert.
    -cannot be just to impose burden on D to compensate all Cs for interference no matter how sensitive they are- would encroach on Ds enjoyment of land.
  10. 105) malice-malice can turn what might otherwise be reasonable conduct into unreasonable activity
    -christie v davey
  11. 11who can sue in private nuisance?-must be land in which C has proprietary interest (malone v laskey)
    -hunter v canary wharf: must have right to exclusive possession. nuisance characterised by protection of proprietary interest
  12. 121) who has rights in land? 2) losses incurred before acquisition of land1) anyone with right to exclusive possession.
    2) provided nuisance is continuing, C may sue for losses if they are before acquistion (masters v brent)
  13. 13how does this fit to landlords?-revisionary interest in premises; right to possession at end of lease. can sue where property value has been diminished.
  14. 14who can be sued?1) creator (whether or not he occupies land where interference is)- hall v beckenham corp
    2) occupier- during occupancy
  15. 15occupier exercises control over the creatoroccupier will be liable for nuisance created by its employees and extends to independent contractors where duty not to create nuisance is non-delegable. (matania v national provincial bank)
  16. 16occupier has adopted or continued nuisance by a trespasserif nuisance is created by trespasser, occupier is liable not only if he adopts nuisance for own purposes but it he fails to take r/able steps to abate it.
    sedleigh v o'callaghan
  17. 17occupier has adopted/continued nuisance created by an act of naturesedleigh v o'callaghan applies where there has been an act of nature.
  18. 18the measured duty of care-Ds conduct should not be judged in light of his resources and ability to act in circumstances.
    -where D poor and abatement will require vast expense D not liable (Goldman)
    -D not liable where they are unable to foresee extent of loss suffered
  19. 19the landlord-on grant of a lease, tenant will be liable for any nuisance.
    3 circumstances where an alternative action lies against the landlord;
    1) where landlord expressly/impliedly authorises nuisance. (tetley v chitty)
    2) landlord knew/ought to have known of nuisance before letting
    3) if premises fall into despair during lease, he is liable if he has reserved right to enter & repair (degree of control)
  20. 20emanationhunter v canary wharf- that the nuisance would generally arise from something emanating from Ds land
  21. 21defences- statutory authority-defence to prove interference is an inevitable result of an obligation
    -whether operation causing alleged nuisance are within authority given by statute
    -allen v gulf oil
  22. 22defences- prescription-D obtains legal right to act in a certain way due to passage of time.
    -valid defence to show nuisance complained of had interfered with Ps interest in land for more than 20 years.
    -sturges v bridgman
  23. 23inevitable accidentdamage suffered by C despite the exercise of all r/able care by D.
  24. 24ineffective defences- coming to the nuisancec may sue even though the nuisance was, to his knowledge, in existence before he arrived at premises.
    bliss v hall
  25. 25jus tertiirests of allegation that a third party has a better title to the affected land than the C, 3rd party should therefore bring the action
  26. 26due to manyno excuse D was simply one of many causing nuisance in question
    lambton v mellish

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Fichas sobre private nuisance, creado por holmull el 11/05/2015.
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holmull
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