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Nuisance Tort Law

This document discusses nuisance in tort law. It defines private nuisance as interference with an individual's use and enjoyment of their land, such as from a neighbor. Public nuisance is a crime that interferes with public land or rights. To claim private nuisance, one must prove unreasonable interference that caused damage and that they had legal rights to the affected land. The nature, locality, duration and purpose of the alleged nuisance are considered to determine liability. Remedies for nuisance include injunctions to stop the interfering activity or damages for harm to the land or claimant.

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93 views

Nuisance Tort Law

This document discusses nuisance in tort law. It defines private nuisance as interference with an individual's use and enjoyment of their land, such as from a neighbor. Public nuisance is a crime that interferes with public land or rights. To claim private nuisance, one must prove unreasonable interference that caused damage and that they had legal rights to the affected land. The nature, locality, duration and purpose of the alleged nuisance are considered to determine liability. Remedies for nuisance include injunctions to stop the interfering activity or damages for harm to the land or claimant.

Uploaded by

Rossz Fiú
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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lOMoARcPSD|4716012

Nuisance - Tort Law

Law of Torts (University of Leeds)

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Nuisance
What is a Nuisance?

A nuisance is a tort which is set out to protect individuals with the use and enjoyment of their land
without interference.

Types of Nuisance:

Private Nuisance:

A private nuisance concerns with individual’s land’s being interfered with, this could be for example:
Neighbours. A private nuisance must be regarding a person’s land. Malone v Laskey [1907] 2KB 141

Public Nuisance:

A public nuisance is a tort which is a crime, and this is due to the tort being committed by the public.
Griffiths v Liverpool Corporation [1974]

Private Nuisance:

To claim for a private nuisance:

1. Indirect interference with the enjoyment of land.


2. Interference was unreasonable
3. Interference caused damage.

The claimant must have some legal right over the land - Hunter v Canary Wharf

Important to prove ownership and tenancy over affected land.

Goldman v Hardgrave – the defendant was held liable simply because of the fact he was under a
positive duty to act once he had the knowledge of the nuisance.

The claimant must prove what the nuisance is and where?

Kennaway v Thompson – Power boat noises. Injunction was granted.

To establish reasonableness:

 Nature
 Locality
 Duration
 Purpose

These elements should be used to determine the liability.

Locality:

Where the nuisance takes place is important to determine the nuisance.

St Helens Smelting v Tipping – The fumes had damaged the land, causing a nuisance. Claim was
allowed.

Sturges v Bridgman

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Nuisance
Duration:

The duration of the nuisance can be considered unreasonable.

Crown River Cruises v Kimbolton Fireworks - This was a 20-minute firework show, but as a result this
was determined as a nuisance.

Note: The nuisance doesn’t have to be long.

Remedies:

 Injunction.

Injunction exists to make the defendant stop the activity which is causing the nuisance. Can be
partial or completely stop the activity.

 Damages.

Damages can be recovered for damage to the claimant’s land. Damages can also be given for injury
to the claimant, for example loss of sleep or discomfort caused by noise or smells.

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