Essay
LAW - UNIT 8 - P4 M2
- Institution
- PEARSON (PEARSON)
Essay of 6 pages for the course Unit 8 - Aspects of the Law of Tort at PEARSON (USE AS YOU WISH.)
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By: christabeladeyemi • 2 year ago
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Muhammed AwaisNuisance – P4 M2
In this assignment I will talk about the law surrounding Nuisance. Private nuisance is when property is
damaged, or when a person’s ordinary use of enjoyment of their own land is unlawfully interfered. This can be
interfered by the unreasonable activity which has occurred on their land. Some examples of when a neighbour
may because nuisance is loud music, construction work via having heavy machinery and for the neighbours to
have smelly and loud animals.
The people which can sue are, the people with legal interest on the land. These type of people can be occupiers
of the land. The people who can sue are the owners, tenants and fiancé of the owners or tenants and no other
person can sue. The people must have lost their enjoyment of the land can sue. For example in the case of
Hunter V Canary Wharf, in this case 690 claims were made about this company. The people said that the work
they did had interfered with television signals. The main question in this case was whether spouses could sue the
company as the owner of the homes. The House of Lords said that the spouse would be able to sue as she has an
interest in the home as being a spouse. In the case of Arthur, Arthur owns the house so that means that he
can sue Gordon.
The people who can be sued are, the people who cause the nuisance can be sued. This can be anyone who
causes the nuisance on the land can be sued. At the time of the nuisance the person can be the owner or not be
the owner of the land he still can be sued. If the person doing the nuisance is occupying the land while doing the
nuisance. For example in the case of Southport Co V Esso 1953, in the case the defendants were owners of an
oil tanker, the oil tanker was stuck due to very bad weather and the only way to move the truck was to disengage
some oil. So he leaked some oil which had went into the local beaches and it had contaminated the area. The
trial judge had found in favour of the defendant which was later appealed, and the claimant won his case. In the
case of Arthur, Gordon is in fact causing a nuisance which means that he can be sued by Arthur.
The unlawful interference must be indirect, if the action committed was direct physical intrusion then the action
which the person will be for trespass and will not be nuisance. Indirect interference is when you do something
on your own land which affects the neighbours. One example of indirect nuisance is smells from neighbours’
pig farm the case of Bone V Seale can be used to explain this. In this case the claimants were successful in their
claim as the court said they could claim for damage of the land and with substantial interference with the land.
With comfort for land and other conveniences. Secondly another example of indirect nuisance is fire and the
case of Spicer V Smee can be used to explain this, in this case a fire had been caused in the defendant’s
apartment due to faulty wiring. The fire had spread to the neighbouring properties which was owned by the
claimant. The claimant was able to sue the defendant for nuisance as the court said that the faulty wiring was
classed as continuing state of affairs. In the case of Arthur, the unlawful interference which is being caused
in indirect, the indirect interference is the noise and smell which is coming from the other property and
this is like the noise in the case of Halsey V Esso. Also, the smell can be like the case of Bone V Seale
where the smell had come from the neighbour’s pig farm.
The nuisance which is being caused must cause either physical damage or a loss of enjoyment on the land.
Physical damage is when the person who is being a nuisance damages the property that the person lives on. For
example, in the case of St Helens Smelting Co, in this case the defendants where a company who had a business
to do with smelting works. Due to the work they do, this had caused acid rain which had damaged the tree’s and
hedges of the people living nearby. In this case the claimant was successful. Secondly there must be something
which causes the claimant to lose enjoyment of their land, for example in the case Halsey V Esso, in this case
the claimant wasn’t able to sleep. This is an example of losing the enjoyment of the land which they live on.
Also, in the case of Hunter V Canary Wharf, the interference of the tv signal due to the tall building, this was
held by the court that it did not interfere with the enjoyment of the land, this was because watching TV is
recreational which is an interference with life not with land. In the case of Arthur, there is a interreference
with Arthurs enjoyment of his land. This is because of the noise and smell which is coming from Gordon’s
house. He wouldn’t be able to sit outside in his garden, and in the house due to the smell. Also, he may not
be able to open his windows or hear the tv, also at night he may not be able to get any sleep due to the
dogs barking, therefore there is interference of Arthurs enjoyment of land.
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