Public Nuisance
- Created by: ElleW88
- Created on: 10-12-19 16:20
View mindmap
- Public Nuisance
- Definition: Act or Omission which materially affects the reasonable comfort and convenience of life of a class of Her Majestry's Subjects
- A-G V Quarries 1957
- Harper v Haden 1933
- Temporary Inconvenience, law of give and take
- Special Damage
- Personal Injuries
- Castle v St Augustine's Links 1922
- The Claimant was a taxi driver who lost his eye when a golf ball was sliced onto the road from a tee on the D's
- The Cliamant was entitled to recover in nuisance.
- Balls had constantly been driven onto the road at that place. The duration or repetition of an obnoxious activity may sometimes be relevant.
- The Cliamant was entitled to recover in nuisance.
- The Claimant was a taxi driver who lost his eye when a golf ball was sliced onto the road from a tee on the D's
- Castle v St Augustine's Links 1922
- Damage to Chattels
- Halsey V Esso (infra)
- From the defendant's land emanated acid smuts which damaged the claimant's car.
- Could damages and an injunction be claimed despite the fact that Esso's nuisance was a public nuisance
- Yes, special damage requirement satisfied. Damages may include those for inconvenience and pure economic loss
- Could damages and an injunction be claimed despite the fact that Esso's nuisance was a public nuisance
- From the defendant's land emanated acid smuts which damaged the claimant's car.
- Halsey V Esso (infra)
- Pecuniary Interests
- Rose V Miles 1815
- A canal was blocked by the D, causing a public Nuisance
- Could private claimant sue for damages due to nuisance's effect on the costs of transporting goods via that route?
- Yes, Claimant had suffered special damage over and above the class mainly affected by the nuisance
- Could private claimant sue for damages due to nuisance's effect on the costs of transporting goods via that route?
- A canal was blocked by the D, causing a public Nuisance
- Rose V Miles 1815
- Personal Injuries
- Definition: Act or Omission which materially affects the reasonable comfort and convenience of life of a class of Her Majestry's Subjects
Comments
No comments have yet been made