Nuisance in tort
Nuisance
Introduction
The unlawful interference with a person’s enjoyment or use of land, or some right over or in connection with is nuisance (Winfield and Jolowich on tort) examples are noise, fumes, dust e.t.c. There are 3 different actions in nuisance but the ones of concern are private, public and Rylands and Fletcher (strict liability).the objective of nuisance is to protect an individual’s interest in land. The scenario to be analysed below is to advise Banger of his potential liability in tort since the occupier/ controller of the land (country house), and the creator of the nuisance. Therefore, it is a general duty that an occupier should take reasonable care to check his land for likely hazard that can cause a nuisance (Goldman v Hargrave 1966).
A) Catherine v Banger (private nuisance)
Issue: whether Banger is liable for private nuisance due to the permanent smell of sulphur in Cat’s garden and broken windows to her green house as a result of his fireworks
who can sue: only the claimant who has an interest in the land or exclusive possession of the land can sue (Hunter v Canary Wharf 1996) as initially held in (Malone v Laskey 1907). Cat seems to be either the owner/tenant as she lives next door to the occupier (banger) of the land.
Who can be sued?: the creator of the nuisance/occupier of the land can be sued who in this case is banger. He stores chemicals like sulphur/potassium nitrate and charcoal and creates fireworks. According to the case of Lippiat v South Gloucestershire (1999) it states that the nuisance must come straight from the land
What is actionable: Cat has to prove damage because it is not actionable per se. The likely form of nuisance is intangible damage due to the substantial interference of the permanent smell of sulphur preventing her from using her garden and the noise from the fireworks on Sunday night causing lack of sleep. On the other hand, the tangible damage occurs due to physical damage broken
Introduction
The unlawful interference with a person’s enjoyment or use of land, or some right over or in connection with is nuisance (Winfield and Jolowich on tort) examples are noise, fumes, dust e.t.c. There are 3 different actions in nuisance but the ones of concern are private, public and Rylands and Fletcher (strict liability).the objective of nuisance is to protect an individual’s interest in land. The scenario to be analysed below is to advise Banger of his potential liability in tort since the occupier/ controller of the land (country house), and the creator of the nuisance. Therefore, it is a general duty that an occupier should take reasonable care to check his land for likely hazard that can cause a nuisance (Goldman v Hargrave 1966).
A) Catherine v Banger (private nuisance)
Issue: whether Banger is liable for private nuisance due to the permanent smell of sulphur in Cat’s garden and broken windows to her green house as a result of his fireworks
who can sue: only the claimant who has an interest in the land or exclusive possession of the land can sue (Hunter v Canary Wharf 1996) as initially held in (Malone v Laskey 1907). Cat seems to be either the owner/tenant as she lives next door to the occupier (banger) of the land.
Who can be sued?: the creator of the nuisance/occupier of the land can be sued who in this case is banger. He stores chemicals like sulphur/potassium nitrate and charcoal and creates fireworks. According to the case of Lippiat v South Gloucestershire (1999) it states that the nuisance must come straight from the land
What is actionable: Cat has to prove damage because it is not actionable per se. The likely form of nuisance is intangible damage due to the substantial interference of the permanent smell of sulphur preventing her from using her garden and the noise from the fireworks on Sunday night causing lack of sleep. On the other hand, the tangible damage occurs due to physical damage broken