This is the second task of Unit 22 - Aspects of Civil Liability for Business, in which consists of P4 and M2. To achieve P4, you need to define the tort of ‘Nuisance’ and explain the requirements of liability in the law of Nuisance, applying it to real life case examples. For M2, you need to ap...
P4 – Define the tort of ‘Nuisance’ and explain the requirements of liability in the law of
Nuisance.
In this task, I am going to explain the requirements of liability in the law of Nuisance. Nuisance is a
way of disruption or annoyance to someone or a group of people. There are two different types of
Nuisance; Public Nuisance and Private Nuisance. Public Nuisance is a type of Nuisance in which it
disrupts or disturbs a group of people or someone in a public area such as a town or shopping
centre. Private Nuisance on the other hand is the disruption or disturbance to a group of people or
someone in an area like someone’s property or a neighbourhood.
Continuous Interference is the disturbance or disruption that has happened continuously. An
example of this is in the Dr Keyser’s Royal Hotel v Spicer Bros Ltd (1914) case, where there was
excavation work carried on from 7:30pm to 6:40am in which it disturbed guests and prevented them
from sleeping. This caused the claim to be successful after filing a complaint as Private Nuisance
doesn’t require to be permanent but requires to be continuous.
Unlawful Interference or Unreasonableness is where the claimant needs to provide proof that the
defendant’s actions or conduct was unreasonable. One form of evidence is locality in which if you
live in an area with a police station and ambulances nearby, then you would find it harder to sleep
than living in an isolated village. One example of Unlawful Interference is the Sturges v Bridgman
(1879) case, where a doctor was disturbed by a neighbour who was a confectioner that was
producing a lot of noise which was the evidence that the doctor was living in a noisy area.
Interference with the use or enjoyment of land is where the claimant needs to provide evidence of
the damage that has been made to either their land or property caused by nuisance which would
prevent someone from enjoying the use of their land. An example of this is the In Bliss v Hall (1838),
where there were smells and fumes from candle making which caused damage to adjoining land.
In terms of Defences, Prescription is where the defendant will not be liable if they plead a
prescriptive right to the nuisance if it has continued for 20 years with no interruption. An example of
this is the Sturges vs Bridgman (1879) case, where the confectioner had been operating for over 20
years in which the court held that the prescriptive right began on the use of the room.
In terms of Statutory Authority, this is a defence to private nuisance in which the activities taken
place that were complained about from the claimant were authorised. An example of this is the
Allen v Gulf Oil (1981) case, where the claimant complained about a nuisance of the smell, noise and
vibration from an oil refinery constructed by the defendant on their land in which it was authorised
by an Act of Parliament, therefore it wasn’t liable as it had a defence of Statutory Authority.
In terms of Remedies, Injunction is an authoritative warning or order that will only be granted at the
discretion of the court. An example of Injunction is the Miller v Jackson (1977) case, where a cricket
club was liable for nuisance as they were creating a nuisance by hitting the cricket balls out of the
ground, therefore the injunction failed.
Abatement is the ending or reduction of something. An example of this is the Michael A Jones case,
in which he fired a gun at his wife and child, which caused him to be put in jail for life which is a form
of Abatement.
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