Labour law rules! There was no private nuisance (Robinson v Kilvert (1888), Bridlington Relay Co v Yorkshire Electricity Board [1965] Ch 436, McKinnon Industries Ltd v Walker [1951] 3 DLR 577). There are two main types of nuisance: (1) direct injury to the claimant’s land, and (2) interference with the use and enjoyment of land. If, on the other hand, a nuisance interferes with the right of specific person or entity, it is considered a private nuisance. Torts 1113 Exam Notes Sample Private nuisance An unreasonable interference with the P’s use and enjoyment of the land Standing to sue In order to sue, the P must be in exclusive possession of land PI with exclusive right to possession of land -owner -tenant (in possession) -reversioner (if the nuisance would affect the reversioner’s interest) If a nuisance causes problems to the general public, it's classified as a public nuisance. Unlike public nuisance, in private nuisance, an individual’s usage or enjoyment of property is ruined as distinguished from the public or society at large. Popular books for Law and Public Services . View all for Law and Public Services Politics A. Heywood. Both in everyday vernacular and in legal terms, a nuisance is something that causes an annoyance. Elements which constitute a private nuisance. II) Private Nuisance: Private Nuisance is the using or authorising the use of one's property, or of anything under one's control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience. AQA A-level History D. Ferry, A. Anderson. Remedies for private nuisance include injunction, damages, and abetment of nuisance. Defenses to an Action for Nuisance 1) That the act in question is not an unreasonable interference with use and enjoyment of land. The Court applies different tests depending on which one is alleged. Kotze. Introduction to Law and Legal Skills J. Barnard-Naude, L.J. Private Nuisance notes and revision materials. William Prosser, a famous American legal scholar, once stated, “there is perhaps no more impenetrable jungle in the entire law than that which surrounds the word ‘nuisance.’ ” [1] Nuisance is part of a class of torts which protect against harms to property. 1 – Direct interference with the claimant’s land The ordinary paper would not have been damaged. Private nuisance Substantial and unreasonable Concerning to access the reasonableness of the harm occasioned to the claimant Hunter The Law of Succession in South Africa J. Jamneck, C. Rautenbach. The occurrence of a private nuisance can be determined by the duration of the alleged nuisance. Why not see if you can find something useful? The interference must be unreasonable or unlawful. Popular books for Arts, Humanities and Cultures. Bamford v Turnley is important for defining private nuisance in tort. View nuisance (note).docx from LAW 3422 at University of Leeds. The Law of Contract in South Africa D. Hutchison, C. Pretorius. We also stock notes on GDL Tort Law as well as GDL Law Notes generally. A person having no legal, equitable or statutory interest in the property cannot sue for private nuisance. The remedy for private nuisance is a civil action for damages or an injunction or both. AQA A-level History: Britain 1851-1964: Challenge and Transformation N. Shepley, M. Byrne. Proving nuisance. Duration of Nuisance. Specifically, nuisance is an injury caused by unreasonable interference with the use of land. Siber Ink. [2] Lyons. BTEC Level 3 National Sport Book 1 R. Barker, C. Lydon R. Barker, C. Lydon Private Nuisance. Constitutional Law in Context D. Brand, C. Gevers. Why not see if you can find something useful one is alleged nuisance! 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