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Section B
Private Nuisance
2. Indirect interference
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Cards (6)
Sedleigh Denfield
v
O'Callaghan
[1940]
Water flooded C's land. An indirect interference can cause
physical
damage.
Christie v Davey [1893]
An indirect interference can be
noise
, causing non-physical discomfort.
Wheeler
v
Saunders
[1995]
D opened pig farm next to C's house. An indirect interference can be
smell,
causing
non-physical
discomfort.
A continuing interference
Where a
hazard
develops and D doesn't take
precautions
to prevent the interference from happening.
Leakey
v
National Trust
[1980]
D took no
precautions
to prevent landslide.
Continuing
interference.
An
indirect interference
is where D causes
damage
through how he uses his own
land.