Nuisance - Paper 2

Question 1

What is the definition of private nuisance?

Answer 1

The unlawful, or unreasonable, interference with a person’s use or enjoyment of land

Question 2

What was Lord Goff’s quote in Cambridge Water

Answer 2

The fact that D has taken all reasonable care will not exonerate him

Question 3

What was the decision in Hunter v Canary Wharf?

Answer 3

C must demonstrate an appropriate legal interest in the land

Question 4

What are the four factors to consider for nuisance?

Answer 4

1) Location
2) Duration
3) Motive and malice of D
4) Sensitivity of C

Question 5

What is the key location case?

Answer 5

Leeman v Montague

Question 6

What are the types of location and levels of reasonableness?

Answer 6

Industrial, business, commercial areas involve more noise, whereas residential, rural, countryside areas involve less noise

Question 7

What was the ruling in St Helens Smelting v Tipping?

Answer 7

If the nuisance causes physical damage to C’s land, the issue of location is irrelevant

Question 8

Why is duration important in a nuisance claim?

Answer 8

The more long lasting an interference, the more likely it is to be a nuisance (Cunard v Antifyre)

Question 9

What was the decision in De Keyser’s Royal Hotel?

Answer 9

Even if an interference is short in duration, it could still be unreasonable because of the time of day

Question 10

What was the decision in Crown River Cruises v Kimbolton?

Answer 10

An interference which is short in duration may still be a nuisance if it causes damage to land

Question 11

What is the meaning of motive and malice of D?

Answer 11

If the activity of D is motivated by malice, it is likely to be unreasonable (Christie v Davey)

Question 12

Explain the rule of sensitivity?

Answer 12

If C is abnormally sensitive or their use of land is particularly sensitive, D will not be liable unless the activity would amount to a nuisance to a reasonable person using the land in a normal manner (Robinson v Kilvert)

Question 13

What is statutory authority?

Answer 13

It is used as a defence where an Act of Parliament gives permission for the nuisance (Allen v Gulf Oil)

Question 14

Explain the defence of planning permission?

Answer 14

Character of the neighbourhood has changed and therefore the interference is now unreasonable (Gillingham Council v Medway)

Question 15

Explain the prescription defence

Answer 15

C has tolerated the nuisance for a substantial amount of time, at least 20 years

Question 16

Explain the defence of moving to the nuisance?

Answer 16

D may argue that C is only suffering the nuisance as they have moved closer to the alleged problem/closer to the area. This is not a defence

Question 17

What are the main remedies for nuisance?

Answer 17

1) Compensatory damages
2) Abatement
3) Injunctions