Describe and illustrate the law of private nuisance.

The tort of private nuisance may be defined as the unlawful and indirect interference with a person's use or enjoyment of land in which they have an interest. The tort has developed over a long period of time and exists in common law.

Grade: A-C | £3.99.

This work sets out a definition of the tort of private nuisance.

 

The essay covers the key elements that need to exist if the tort is to be established.

 

There are references to a range of cases in context of the tort including Hunter v Canary Wharf (1997), Sturges v Bridgman (1879), St Helens Smelting v Tipping (1865), Halsey v Esso Petroleum (1961), Spicer v Smee (1946), Hollywood Silver Fox Farm v Emmett (1936),   Bradford Corporation v Pickles (1895) and others.

The definition of nuisance is supported by examples of what has been held to amount to a nuisance.

Factors taken into account by the courts such as duration, abnormal sensitivity as well as malice are also raised and illustrated.

The important issue of who may be sued is also referred to as well as the matter of defences, including the granting of planning permissions.  The essay briefly mentions remedies, including the matter of discretionary remedies, such as an injunction.

 

(Word count 1390)

 

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