Land torts revision

Which two of the following will have standing for private nuisance?

• Owner occupier

• Children of the owner

• Tenant

• Hotel guest

Name the private nuisance case that says that C can claim for 'ordinary comfort' but not for 'elegant or dainty modes of living'.

For private nuisance the interference must be 'unlawful'. What does this mean?

• A crime must have been committed.

• The defendant did not have planning permission.

• The defendant's use of their land was unreasonable.

• The defendant had not asked for permission from the claimant.

Name the private nuisance case for locality - “What would be a nuisance in Belgrave Square would not necessarily be one in Bermondsey.”

True or false, "If it can be shown that the claimant is abnormally sensitive, the defendant's actions may not be a nuisance."

• True

• False

In which case did the defendant show malice by banging on the walls and blowing a whistle?

Which TWO of the following is NOT a defence to private nuisance?

• Prescription

• Statutory authority

• The claimant moved to the nuisance

• The defendant had planning permission

In private nuisance which case shows us that SOCIAL BENEFIT might change the remedy given?

• Miller v Jackson

• Christie v Davey

• Robinson v Kilvert

• Crown River Cruises Ltd v Kimbolton Fireworks Ltd

What do we learn about private nuisance from Coventry v Lawrence (2014)?

• Courts should consider damages as a remedy to private nuisance.

• An injunction is the only remedy to private nuisance.

• Injunctions can only be given in cases where there is malice.

• The only remedy now available for private nuisance is damages.

Which ONE of the following is NOT an element of Rylands v Fletcher?

• There is a bringing onto C's land and an accumulation

• There is a thing likely to cause mischief if it escapes

• There is an escape

• There was a natural use of the land

• The damage caused is not too remote