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Private Nuisance Notes

GDL Law Notes > GDL Tort Law Notes

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A more recent version of these Private Nuisance notes – written by Cambridge/Bpp/College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Tort Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Torts: Land Torts - Private Nuisance Introduction

- Nuisance: unlawful activity that is harmful/noxious + which interfered with another person's rights, use or enjoyment of their land - Read v J. Lyons [1947].

- 3 related torts: unreasonable use of d's land ? damage/loss to another.

1. private nuisance: most signif icant.

2. public nuisance: also crime.

3. rule in Rylands v Fletcher.

- Private nuisance: any continuous activity or state of affairs causing substantial + unreasonable interference with c's land or c's use/enjoyment of that land - Bamford v Turnley [1862]. not actionable per se: c. must prove damage - actual property damage or sensible personal discomfort.

Parties

Who Can Sue?

- C. must have proprietary or possessionary legal interest in land - Hunter v Canary Wharf Ltd [1997; HoL]. rationale: basis of tort is interference of use/enjoyment of land ? c. must have interest. licence insufficient - Malone v Laskey [1907]: land occupied by tenant's employee + employee's wife; wife injured by falling cistern (made loose by d's activity next door) ? no right of action (wives: no legal interest in 1907). but blip: Khorasandijan v Bush [1993; CoA]: child allowed to sue (for harassment) ? overruled by Hunter - now covered by Protection from Harassment Act 1997.

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