WJEC/Eduqas Law for A level Book 2 Revision Guide

Chapter 2 The law of tort Private nuisance Element of tort Law Case Interference Two types of interference: (e.g. noise on one piece of land which affects the people living next door). interference (where the defendant has come onto the claimant’s land). The interference usually needs to be , rather than one-off. damage to the land Loss of amenity: The claimant’s ability to use or enjoy their land is restricted by the activities of the defendant (e.g. excessive preventing the claimant from getting a good night’s sleep; unpleasant smells and fumes preventing the claimant from opening ). Holbeck Hall Hotel v BC: Claimant’s hotel was built on the council’s land, and it collapsed when there was a landslide. The council had not taken reasonable precautions to prevent the landslide, but it was not held liable as the damage was not foreseeable. Interference is unlawful It is unreasonable: people have the right to use their own land as they wish. There is a limit beyond which activities become unlawful. Courts ask: • Does the nuisance interfere with ordinary existence? • Is the impact on the claimant so unreasonable that they should not be expected to put up with it? Courts consider several factors when deciding if it is unreasonable, including the fact that certain activities are lawful in some circumstances but not in others. • : Claimants using their property for an extra-sensitive reason are not entitled to sue where a reasonable use would not need protection. McKinnon v : Claimant could claim for the full damage caused to delicate orchids by gas emitted from the defendant’s factory. Even flowers of ordinary sensitivity would have been affected. v Bridgman : ‘What would be a nuisance in [quiet, residential] Belgrave Square would not necessarily be so in [industrial] Bermondsey.’ St Helens Smelting v : Copper smelting, even in an industrial area, could be classed as a nuisance when it resulted in smuts damaging the claimant’s shrubs. v Stone: Cricket balls were rarely hit out of field but caused damage to property. Nuisance occurred very infrequently, so no breach of duty or nuisance. v Kimbolton Fireworks : A firework display that set fire to some moored barges was held to be a private nuisance. Continued 28