LAW 1507 Lecture 10: NUISANCE SEMINAR
30 Jun 2018
School
Department
Course
Professor
NUISANCE SEMINAR
Consider elements of nuisance
Whether the plaintiff has standing to sue
Remedies
Defences
Elements- Conduct indirectly causing material physical damage to land; or
substantial interference with the use of enjoyment of land or an interest in land.
Has to be coming from outside your land but not necessarily from the defendant’s
land
Substantial interference with land and what is it that makes it substantial?
Which is; in the light of all the surrounding circumstances reasonable or
unreasonable?
Substantial interference- question of degree- consider IS THE INTERFERENCE
TEMPORARY OR PERMANENT? WHAT TIME OF THE DAY?
CONTINUOUS OR INTERMITENT? FREQUENCY? GEOGRAPHIC
PROXIMITY? IMPACT ON PLAINTIFF E.G. LOSS OF SLEEP?
DID THE PLAINTIFF COMPLAIN?
Torts exam 6hrs but you don’t have to keep doing it for that time
Eric v Bill
Material Facts- Eric shares a house with Bill, Bill complains that he is woken up by
the sounds of Eric and his clients in the gym outside their apartment.
Elements of private nuisance- Conduct indirectly causing Material physical damage
to land; Substantial interference with the use or enjoyment of land or an interest in
the land that is unreasonable.
Is there a substantial interference with the enjoyment of the land by the defendant?
1
Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Whether the plaintiff has standing to sue. Elements- conduct indirectly causing material physical damage to land; or substantial interference with the use of enjoyment of land or an interest in land. Has to be coming from outside your land but not necessarily from the defendant"s land. Substantial interference- question of degree- consider is the interference. Torts exam 6hrs but you don"t have to keep doing it for that time. Material facts- eric shares a house with bill, bill complains that he is woken up by the sounds of eric and his clients in the gym outside their apartment. Elements of private nuisance- conduct indirectly causing material physical damage to land; substantial interference with the use or enjoyment of land or an interest in the land that is unreasonable. Law in relation to land- noise can count as an interference- monro v southern. Dairies- noise is a type of interference that the law will protect against.
