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unit 2: section B
Nuisance take 2
The interference caused damage
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Anosh Eric
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Cards (7)
The damage casued to the claimant can either be:
Physical
(
Tangible
damage)
Intangiable
Damage- the interference with the
use
or
enjoyment
of the claimant's land
What is the significance of the case of st helen's smelting v tipping?
It shows how
physical damage
refers to
land
and/or
property-
any amount of
physical
damage is
actionable
Which case shows how physical damage refers to land and/or property- any amount of physical damage is actionable?
St helen's smelting
v
Tipping
what is the significance of the case of Halsey v Esso Petroleum in terms of intangible damage that is caused?
It shows how the
intangible
damage must be
'sufficiently serious'
.
Which case shows how the intangible damage must be 'sufficiently serious'?
Halsey
v
Esso
Petroleum
what is the signfificance of Halsey v Esso Petrol in terms of tanigble and intangible damage?
It is possible for the
claimant
to sue for both
tangible
and
intangible
damages
Which case shows how it is possible for the claimant to sue for both tangible and intangible damages?
Halsey
v
Esso Petroleum