This is a well written and clear set of lecture notes to do with the law of tort. Separated into clear and easy to understand sub sections. Notes made by an Accelerated law student in the 2 year law programme, case laws and notes are included. Negligence and nervous shock, occupiers liability, duty...
There are 3 types of Nuisances:
1. Private Nuisance
2. Public Nuisance
3. Statutory Nuisance (defences)
Private Nuisance:
- An unlawful act, indirectly causing:
- Physical injury to land
- Interfering with enjoyment of land
- Interfering with interests in land
Examples:
- Roof tiles damaged by acid fumes.
- Noise
- Blocking a private right of way you have over land
Must prove actual damage in nuisance.
Nuisance is not actionable per se (in itself) and actual damage must be proved.
A distinction is made between physical damage to land and interference with
enjoyment of land.
1. Physical Damage:
- C must prove a material injury to property.
St Helen’s Smelting Co v Tipping (1865) (HL)
The claimant lived in a manufacturing area. The defendant’s smelting works was 1 ½
miles from C’s house. Fumes damaged shrubs on the claimant’s land.
- HELD: Tipping had proved physical damage to the plants, so St Helen’s were liable.
, 1. Interference with enjoyment of land:
- Interests protected
The law protects certain established interests but new ones may be recognised from
time to time.
Examples:
Noise
Smells
Smoke
But consider:
Brothel
Sex shops
Tv reception
Bridlington Relay v Yorkshire Electricity Board (1965)
The claimants put up a high mast for the purposes of providing their television service. The
D’s power line interfered with the signal for BBC programmes.
- HELD: Receiving television for recreational purposes was not an important part of
the enjoyment of property.
- So interference with tv reception was not a nuisance.
The Canadian courts have accepted that interference with television reception can
be a nuisance. (Nor Video Services v Ontario Hydro (1978) 84 DLR)
Hunter v Canary Wharf (1997) (HL)
Whether a tall building which interfered with television reception was a nuisance?
- HELD: No it was not a nuisance.
- Balance Between
Right of landowner to use their land as they wish
Right of neighbours not to have used their land interfered with
Activities only become unlawful if they are done unreasonably.
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 mbk_2004. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $8.42. You're not tied to anything after your purchase.