Mapa mental
Factors Determining Reasonable User
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Factors Determining Reasonable User
ABNORMAL SENSITIVITY
- Result of D's conduct must unreasonably affect ordinary citizen.
- Discomfort from personal sensitivity not affecting ordinary citizen is not an action in nuisance
- KEY CASE
- Robinson v Kilvert
- D had business in the lower part of a building which needed hot and dry air
- Temperature of floor of C's premises above rose to 80 degrees F, which lowered value of brown paper stored
- Heat would not have damaged ordinary paper or caused discomfort to C's workers
- CA refused the C damages, exceptionally delicate trade and no actionable nuisance
- D should have the freedom to enjoy his or her property
- However, once actionable nuisance shown, the C can claim extent of losses, no matter the delicate use of land
- D should have the freedom to enjoy his or her property
- D had business in the lower part of a building which needed hot and dry air
- Robinson v Kilvert
- Unduly sensitive?
- Bridlington Relay v Yorkshire Electricity Board
- Claim of company which relayed sound and television broadcasts - business would be interfered with by two pylons within 250 feet
- Court refused injunction because Ds had said that interference could be remedied
- Buckley went further and doubted whether interference with primarily recreative activity could be actionable nuisance
- NOW OUT OF DATE AND THE JUDGE SAID IT IS NOT ABSOLUTE RULE
- Buckley went further and doubted whether interference with primarily recreative activity could be actionable nuisance
- Network Rail v Morris Studio
- C complained about electromagnetic interference from a section of Railtrack's signal system to the music created by guitars in his recording studio
- CA - the use of electric and electronic equipment part of modern life
- What is reasonable in circumstances of the case
- Bridlington Relay v Yorkshire Electricity Board
- Utility of Robinson v Kilvert when loss must be reasonably foreseeable to be actionable in nuisance
MALICE
- Deciding whether D's use of land is reasonable - regard to his frame of mind
- AUTHORITY: CHRISTIE V DAVEY
- C was a music teacher who taught at home, the D, her neighbour, found it irritating and knocked on the party wall, beat trays, whistled and shrieked.
- C succeeded in claim for injunction.
- Judge said that what was done by D was done for annoyance and it was not legitimate use of the D's house
- HOLLYWOOD SILVER FOX FARM V EMMETT
- Judge granted injunction against D who deliberately fired guns on his land near boundary with C's land
- C had a business of breeding silver foxes on their land, and evidence was given that firing guns during breeding time would cause vixens to refuse to breed
- Judge granted injunction against D who deliberately fired guns on his land near boundary with C's land
- CONTRAST: HL in BRADFORD CORP V PICKLES
- D had deliberately drained his land to diminish water supply leading into C's land, forcing them to purchase his land
- HL did not grant an injunction and refused to say it was malice of the D
- Should be distinguished from Christie
- Cs in Bradford had no right to receive the water
- No right had been interfered with for there to be nuisance
- Laissez-faire economics, D had simply exercised his right to divert water to get a better deal
- D had deliberately drained his land to diminish water supply leading into C's land, forcing them to purchase his land
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- Mapa Mental sobre Factors Determining Reasonable User, criado por Ying L em 11-04-2019.
- Criado por
- Ying L
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