A Level Law OCR Paper 2 Nuisance - Statistics

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Hint	Answer	% Correct
What must you have to sue?	Proprietary interest	100%
Statutory Authority can also provide a defence. In cases where the activities that may amount to a nuisance are regulated or licensed by law, a claim of nuisance can not be used. Which case is used here?	Allen v Gulf oil Refining	0%
Anyone who what can be sued?	anyone that causes the nuisance	0%
Which case states that nuisance can be intangible such as noise?	Christie v Davey	0%
There are 5 factors that can prove unreasonableness. One of these is malice. Malice is a deliberately harmful act and will normally be seen as unreasonable and therefore a nuisance. Which case goes with this?	Christie v Davey	0%
One defence is prescription which means if the action has been carried out for at least 20 years, and there has been no complaint between the parties in that time, then the D has a prescriptive right to continue. There are two cases which discuss this. One is Sturges v Bridgeman. What is the other?	Coventry v Lawrence	0%
The other case that can be used with damages gave guidance as to the future use of injunctions and damages for private nuisance. It established that an injunction could be the default order in a nuisance claim, that it is open to the D to argue that an award of damages would be a suitable alternative, that the Shelfer test should not be applied rigidly and that an injunction will not be automatically satisfied, even if the Shelfer test is satisfied. Which case is this?	Coventry v Lawrence	0%
A third factor that can be used to prove whether use of land is reasonable is duration of the interference. To be actionable, the interference is likely to be continuous or regular. Which case can be used to prove whether duration of the interference was unreasonable?	Crow River Cruises Ltd v Kimbolton Fireworks Ltd	0%
unlawful interference with the land is where you prove what the nuisance is and where it happened. These will normally be a continuous event. Not one off. In some cases, there will be a physical invasion. Which case is used with tangible nuisance?	Davey v Harrow Corporation	0%
An act which prevents another from enjoying/ using their home/land	definition of private nuisance	0%
What is the second factor to prove for private nuisance?	Indirect Interference with the enjoyment of the land	0%
In order to claim under private nuisance, you must first prove three things. Which is the first of these?	It must be unlawful	0%
As well as defences, there are also three remedies. Injunctions are normally prohibitory and order the defendant to stop causing the nuisance. Which case is used with injunction	Kennaway v Thompson	0%
A further remedy available to the claimant is an 'abatement' which allows the C to sort out the issue. In this case, the C could chop down overhanging branches from his own land and return them to the neighbour's	Lemmon v Webb	0%
If a statute provides the only possible remedy, an action in nuisance may not be possible as an alternative (Case)	Marcic v Thames Water Plc	0%
Another factor that can prove whether the use of land is reasonable is social benefit. If it is considered that the D is providing a benefit to the community, the court may consider these actions reasonable. Which case is used with social benefit?	Miller v Jackson	0%
The sensitivity of the claimant will also be taken into consideration. If the defendant is particularly sensitive, then the activity may not be private nuisance. Which case showed this?	Robinson v Kilvert	0%
Damages are the final remedy that can be awarded. Which case established that damages could only be awarded when the injury to the claimant's rights were small, the claimant can be compensated by a small amount of money and it would be unfair on the D to grant an injunction?	Shelfer v City of London Electric Lighting Co.	0%
Locality to the claimant is also taken into consideration. The court will consider whether the area is purely residential, partly residential, in a town or city or has changed character. What is the case that is used to discuss locality?	Sturges v Bridgeman	0%
The second defence that can be used against a claim of nuisance is if the claimant has moved to the nuisance. This can be used by the Defendant to argue that the claimant is only suffering as they have moved closer to the problem. Which case is used here?	Sturges v Bridgeman	0%
The third factor is what?	The interference was unreasonable	0%
Which case states that nuisance can be intangible such as smell?	Wheeler v JJ Saunders	0%
Local planning permission can also sometimes be lawful justification for a nuisance. however, if the planning permission does not change the character of the neighbourhood, it will not operate as a defence. Which case can be used here?	Wheeler v Saunders	0%

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