Starter quiz nuisance and OLA

Private nuisance is concerned with protecting the rights of an occupier against _________________ interference with the enjoyment or use of his land.

• unlawful
• unreasonable
• indescribable
• unprecedented

The claimant must have a legal interest in the land affected by nuisance in order to bring a claim in private nuisance.

• True
• False

To be liable, the defendant who created the nuisance must own the land from which the nuisance is coming.

• True
• False

To decide if a claim in nuisance is 'lawful', the court will consider the factors of _____________?

• lawfulness
• reasonableness
• risk
• reason

Which of these are NOT factors of reasonableness? Tick all that apply.

• Size
• Special characteristics
• Duration
• Locality
• Sensitivity

When making a decision in cases of private nuisance the court primarily tries to do what?

• Punish the defendant for creating the nuisance
• Return the claimant's rights to their land
• Balance the conflicting rights / interests of the parties
• Re imburse the claimant for any loss of amenity or damage suffered

If roadworks conducted by a local council to repair or improve a water pipe cause a nuisance, would a claim against the council succeed?

• Yes
• No

These are all defences to a nuisance claim, which is linked to the case of Southwark London Borough Council v Mills?

• Ordinary use of land
• Statutory authority
• Act of God
• Prescription

Which case has more recently established when it is appropriate to use an injunction as a remedy in a nuisance case?

• Miller v Jackson
• Coventry v Lawrence
• Rylands v Fletcher
• Hunter v Canary Wharf

The law on occupiers liability is governed by statute law. True or false?

• True
• False