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17 Cards in this Set
- Front
- Back
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Hunter v Canary Wharf
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Using your land for ordinary purposes will not make you liable for nuisance.
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Walter v Selfe
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A trivial interference cannot be a nuisance.
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Munro v Southern Dairies
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The loss of a single night's sleep is not trivial, and sufficient grounds for actionable nuisance.
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Kennaway v Thompson
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People must be willing to give and take, and injunctions will frequently take this into account.
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Clary v Women's College
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Ordinary usage of land does not constitute an actionable nuisance.
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Robinson v Kilbert
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Sensitive use does not constitute grounds for nuisance if non-sensitive use would be unaffected.
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St Helen's Smelting v Tipping
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Locality is normally a factor in nuisance, but not when physical damage is suffered.
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Bolton v Stone
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A one-off unexpected act does not constitute an actionable nuisance.
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Miller v Jackson; Dennis v Ministry of Defence
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In the case of social benefit, judges have the discretion to award damages in lieu of an injunction.
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Hollywood Fox Farm v Emmet
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Motive can be relevant if the action is on the boundary of being unreasonable.
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Campbelltown v Winton
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"Coming to a nuisance" does not constitute a defense.
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Foster v Warblington
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Just being present does not give grounds to sue in nuisance, the occupation must be of a substantial nature.
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Fennell v Robson Excavations
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Indirect damage to land is actionable under nuisance if that damage is done via excavation of nearby land.
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Sedleigh Denfield v OCallaghan
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"Continuing" a nuisance makes you liable for the nuisance.
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Goldman v Hargrave
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Failing to take reasonable precautions makes you liable for the nuisance, if you had knowledge of the nuisance and failed tot take steps to abate it.
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Montana Hotels v Fasson
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Adopting a nuisance requires knowledge of the nuisance.
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Peden v Bortolazzo
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A landlord cannot be liable for nuisance on the part of their tenants unless they know for certain that the nuisance will result as a consequence of letting out the property.
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