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tort cases
nuisance
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Cards (8)
manatia v
national
provincial
:
occupier
of land can be sued for nuisance
thomas v num
:
creator
can be sued for nuisance
hunter v canary wharf
: the claimant must be someone with an
interest
in
land
southwark v mill
: unreasonableness is
interference
which goes beyond the
normal
bounds of
acceptability
four factors the court will consider to determine
unreasonableness
:
locality
: put up with level of discomfort common for the area (
st helen’s v tippings
) and how the area is now (gillingham v medway)
malice
: out of bad motive (
christie v davey
)
duration
(
crown river v kimbolton
)
c’s sensitivity
allen v gulf oil
: defence of
statautory authority
, acted with reasonable care and skill
sturges v bridgeman
: if c has put up with nuisance for over
20
years they cannot sue
coventry
v lawrence:
injunctions
are available