WJEC/Eduqas Law for A level Book 2 Revision Guide

Torts connected to land Private nuisance Element of tort Law Case • Locality of the events. • A nuisance claim is more likely to be if there is damage to property. • Courts are more likely to consider a nuisance unreasonable if it lasts for a long time or is during unsociable hours. • A single event can amount to a nuisance. • Social utility of defendants, conduct: Just because something is considered useful to society does not mean that a remedy is not available in nuisance. • If a nuisance is caused for reasons, the claim is more likely to succeed (e.g. the defendant deliberately does something just to annoy the claimant).The defendant’s malice can make unlawful something that might not otherwise be a nuisance. Dennis v : Claimant lived in a large house in the country but his peace was regularly destroyed by RAF training jets flying overhead. Noise did amount to a nuisance and he was awarded damages, but no injunction as the flights were a necessary part of the country’s defence preparations. Hollywood Silver Fox Farm v : Claimant farmed silver foxes. Defendant, as part of an ongoing feud, deliberately fired shotguns within the boundaries of his own land to startle the foxes and cause them to miscarry. Normally, firing a shotgun in the countryside would probably not be a nuisance, but here the malicious motive made it unlawful. Christie v : The defendant lived next to a house used for piano and singing lessons. The defendant was annoyed and whistled, shrieked and banged tin trays on the walls during lessons. Injunction imposed against him because it was clear he deliberately aimed to disrupt and upset. The original music making was not held to be a nuisance. Continued Words to use Bolton continuous Crown River Cruises Davey Direct Emmett Indirect malicious MOD noise Physical Scarborough Sensitivity Sturges successful Tipping Walker windows 29