Class notes
Tort Law: Nuisance Notes
- Course
- Institution
Simple notes on private and public nuisance. Contains Case law and brief description of facts and ration. Considers important quotes by judges. Also discusses remedies.
[Show more]
Seller
Follow
pixie01
Content preview
Private and Public NuisanceNuisance is about an unreasonable/unlawful interference with a person’s use or enjoyment of
land, or some right over, or in connection with it.
Nuisance: 3 types: private, public and statutory
Private Nuisance: Noise, pollution, smells
Lord Atkin defined Private nuisance as an unlawful/unreasonable interference with a person’s
use or enjoyment of land, or some right over it, or in connection with it, by activities carried out
by another person on his land.
Not actionable per se; damage must be proved
Nuisance is essentially a balancing act for the courts between the competing interests of
neighbours to make lawful use of their own land. The courts need to balance the defendant’s
right to use his land as he wishes and the claimant’s right to enjoy his land without interference.
Only unreasonable interference can amount to private nuisance.
Claimants: Who can sue?
Hunter v Canary Wharf Ltd [1997] - A claimant who has a lawful interest in land or who has
exclusive possession of the land can sue for private nuisance such as an owner.
Defendant: Who can be sued?
The law concerning defendants is complex and is divided into 3 categories: creators, occupiers
and landlords.
Esso Petroleum Co Ltd v Southport Corporation [1956] – the defendant does not have to have a
proprietary interest in the land on which the activity takes place
Creators:
The creator of the nuisance may always be sued even though they are no longer in occupation
of the land from which the nuisance originates.
Cambridge Water Co v Eastern Counties Leather plc [1994] – it is necessary that the defendant
should have been able to foresee damage of the relevant type when the act alleged to be a
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller pixie01. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.39. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75323 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now