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Summary Nuisance PQ Notes (First Class)

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Comprehensive first class Tort Law PQ notes from University College London (2010/2020). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

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  • October 29, 2020
  • 8
  • 2019/2020
  • Summary
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By: chungcherry • 2 year ago

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Private Nuisance


a. Introduction
 Definition of Private Nuisance (Coventry v Lawrence)
o Action (or sometimes a failure to act) by D, which is not otherwise
authorised, and which causes an interference with the claimant's reasonable
enjoyment of his land
 Tort of strict liability

 PQ Approach (Private Nuisance)
o C must have a proprietary interest in the land to sue (Coventry)  defined as
right to exclusive possession
o Identify the type of nuisance (St Helen’s)
o If sensible personal discomfort, consider reasonable use and foreseeability of
damage caused (Cambridge)
o If material injury to property, consider foreseeability of damage caused
(Cambridge)

Public Nuisance
 Protects life and health of public
 In addition to public nuisance, if individual has suffered special damage beyond
public damage  still can sue for private nuisance (Tate v Great London)

AG v PYA Quarries
o Defines public nuisance as one that materially affects the reasonable comfort and
convenience of life of a class of the public
o Lord Denning: Defines the ‘public’ as a nuisance that is so widespread in its range
that it is unreasonable to expect one person to take proceedings on his own

Corby Group v Corby BC
o D drove open-air truck with contaminated matters on it through area  18
children born in that time had deformities  constituted public nuisance

Statutory Nuisance
 Intended to regulate environmental hazards in the community
 Local authorities can issue abatement notices  if not complied with, becomes
criminal offence




b. Tort about Land rather than Personal Injury
 Tort about enjoyment of land, rather than personal injury

, Private Nuisance


Types of nuisance
 Acts that produce material injury to property (St Helen’s Smelting Co v Tipping)
 Acts that produce ‘sensible personal discomfort’  amenity harm (St Helen’s)
 Encroachment on neighbour’s land (Hunter)

Hunter v Canary Wharf Ltd
o Held that only those with proprietary interests can bring claim
o Reason: Doctrinally, tort of nuisance is concerned with land  should reflect this
o Lord Cooke (dissent): There are policy reasons to widen standing  where
interference with an amenity of a home is concerned, anyone living there should
have a continuing right to enjoy that amenity

c. What Level of Interference Constitutes a Nuisance?
o D unreasonably used the land + there is harm
o Factors to consider
o Locality
o Malice
o Sensitive Claimant

Cambridge Water v Eastern
o Reasonableness is based on the principle of give and take between neighbours 
under which ‘those acts necessary for the common and ordinary use and
occupation of land
o D is only liable for damages of the type that he can reasonably foresee

Walter v Selfe
o Apply an objective standard on whether D reasonably used the land

ci. Locality
 Character of locality is relevant for amenity harm; eg. different levels of noise
expected when one lives in the city vs countryside

Sturges v Bridgman
 Thesiger LJ: expectation of what constitutes ‘reasonable use’ differs based on the
nature of the place (eg. more refined, quiet place vs noisy, city place)

St Helen’s Smelting v Tipping
o Locality is only relevant in cases of amenity harm, not physical damage to
property

Coventry v Lawrence

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