The Tort of Private Nuisance

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The tort of Private Nuisance: “…unlawful interference with [the occupier’s] u enjoyment of land, or some riht, or in connection with it!" Hargrave v Goldman #! Title to sue $! Protection of a leally reconised riht %! &amae '! (u)stantial and unreasona)le interference a! (u)stantial )!*nreasona)le +nterference i! ocality ii!Time iii!&uration iv!Nature of the -ctivities v! -vaila)ility of -lternatives vi! .otive of the &efendant /! 0nus, 1ausation and imitation Periods 2! &efences 3! 4emedies

description

Nuisance

Transcript of The Tort of Private Nuisance

The tort of Private Nuisance: unlawful interference with [the occupiers] use or enjoyment of land, or some right, or in connection with it

The tort of Private Nuisance: unlawful interference with [the occupiers] use or enjoyment of land, or some right, or in connection with it.

Hargrave v Goldman1. Title to sue

2. Protection of a legally recognised right

3. Damage

4. Substantial and unreasonable interference

a. Substantial

b. Unreasonable Interference

i. Locality

ii. Time

iii. Duration

iv. Nature of the Activities

v. Availability of Alternatives

vi. Motive of the Defendant

5. Onus, Causation and Limitation Periods

6. Defences

7. Remedies


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