Tort Law - Exam revision - Nuisance (Private, Public, Statutory)

Damage in nuisance must be...

- Indirect Physicial damage to property - Personal discomfort/loss of amenity of the property

Remedies for private nuisance

- Injunction - Damages - Abatement

Remedies for public nuisance

- Injunctions - Damages (to property) - Personal Injury ( claimant must prove he suffered special damages)

When accessing the reasonableness of the interference courts will look at

- Locality - Time and duration - Malice (defendant's motive: ill will or spite) - Natural States - Defendant's purpose

Points to know about public nuisance

- Public nuisance is always a crime, sometimes this crime may also give rise to a civil claim. In such an instance = tort of public nuisance - Usually an action for public nuisance is brought by the attorney general in behalf of all those affected. - An individual member of class affected can sue in public nuisance (civil action), if he can prove he suffered special damage other than the damages suffered by the public at large. - Local Authorities can take action on behalf of the local community

Defendant may liable for

- Self - Vicariously for employees - Independent contractors - Trespassers and previous owners - Acts of nature

Defences for Public nuisance

- Statutory authority (main one) - Otherwise same as private nuisance But 20 years prescription not available (public nuisance = crime)

How many types of nuisance are there? and what are they?

-Public Nuisance -Private Nuisance -Statutory Nuisance

Elements of Public nuisance ( explain the elements and mention the things that are NOT elements)

1) Class of People 2) Special Damage NOT ELEMENTS: - Claimant need not have interest in the land - Defendant need not be occupier/owner of the land

False defences of nuisance

1) Coming to the Nuisance 2) Social utility/public benefit 3) Acts of man people

Defences for nuisance

1) Presciption 2) Statutory authority 3) Planning Permission (Only one of the factors taken into account by court to see whether there is a nuisance, but not defence on its own) 4) Act of God

Elements of private nuisance?

1) Unlawful ('unreasonable') use of land 2) Causing 3) Indirect interference with use/enjoyment of land 4) Damage to the claimant

Statutory Nuisance

A statutory nuisance is the name given to offences created under various statutes concerning public health and environmental issues Act. Dealt with by public authorities. Local authorities can issues orders to stop harmful activity. e.g. Clean Air Act, Control of Pollution Act, Environmental Protection

What is private nuisance?

An unlawful interference with a person's use or enjoyment of land, by activities carried out by another person on his/her land.

Special Damage (public nuisance element)

Benjamin v Storr (1874)

Planning permission defence

Following Conventry v Lawrence (2014), the grant of planning permission will simply be one of the factors taken into account by the court but will not of itself afford a defence in nuisance.

Prescription Defence + case

In Actions for a private nuisance it will be a defence to show that the nuisance has been actionable for a period of 20 years and the claimant was aware it affected his/her interests during the relevant period. Sturges v Bridgman (1879)

False Defence - Acts of many people

It is no defence that the defendant was simply one of many poeple causing the nuisance in question. This is so even if his actions in isolation would not amount to nuisance. Thorpe v Brumfitt (1873)

Act of God defence case

Nichols v Marsland (1876) The defendant diverted a natural stream on his land to create ornamental lakes. Exceptionally heavy rain caused the artificial lakes and waterways to be flooded and damage adjoining land. The defendant was held not liable under Rylands v Fletcher as the cause of the flood was an act of God.

Cases of Nuisance

Nuisance from flooding - Sedleigh-Denfield v O'Callaghan [1940] Nuisance in the form of smells - Wheeler v JJ Saunders [1996] Encroachment by tree branches or roots -Lemmon v Webb [1894] Nuisance noise - Kennaway v Thompson [1981] Cricket balls - Miller v Jackson [1977]

What is tort of nuisance for?

Protection for landowners/occupiers. Indirect interference, usually continuous action requires e.g. If a rock band practices playing hard-rock next to your property, it becomes a nuisance to listen to them practice every day. It cannot be a one-time thing; it must be continuous.

False Defence - Social utility/public benefit

The courts will not accept as a defence that the nuisance caused by the defendant has a benefit to the general community or the public at large. Adams v Ursell (1913)

False Defence - Coming to the nuisance

The defendant cannot argue that the claimant was aware of the nuisance when they moved into the area. The fact that the activity continued for some time without anyone complaining about it is not a defence. Bliss v Hall (1838)

Class of people (public nuisance element)

The nuisance must be shown to injure a representative cross-section of the class. Not every member of the class has to be affected. Test is: Whether the nuisance was 'so widespread in its range or so indiscriminate in its effect that it would not be reasonable to expect one person to take proceedings on his own responsibility to put a stop to it, but that it should be taken on the responsibility of the community at large'

Statutory Authority defence + case

Where a statute orders something to be done, there will be no liability in nuisance for doing this and for any inevitable consequences. An inevitable consequence is one which cannot be avoided by the use of due skill and care. Allen v Gulf Oil Refining Ltd (1980)

What is public nuisance? examples from case-law

any nuisance/activities which endanger the public, cause them inconvenience or discomfort, or prevent them exercising their rights. e.g.- Blocking a canal - obstructing the highway by queuing on it - making obscene phone-calls to a large number of women. - causing noise and disrupting traffic through a badly organised pop festival

Who can claim in public nuisance?

only a person who has legally recognized interest in land. e.g. owner/tenant