Thought of Nuisance (Unit 2, Module 1)

Overview

• Focuses on private and public nuisance.
• Private Nuisance: Unlawful interference with a person's use or enjoyment of land or rights over it.
• Public Nuisance: Affects the general public or a section of it; typically civil action by the Attorney General.

Private Nuisance

Elements Required

• Claimant must prove:
  • Damage (normally) for private nuisance.
  • Particular damage beyond what the general public suffers for public nuisance.

Types of Damage in Private Nuisance

1. Physical Damage

   • Success in claims easier with sensible material damage.
   • Example: Saint Helen Smelting Co. case - trees damaged by fumes.
   • Abnormal sensitivity of property may affect the outcome.
   • Example: Robinson and Clivewood - unusually sensitive paper damaged.

2. Amenity Damage

   • Interferences like noise, smells, dust, vibrations without physical damage.
   • Factors to consider:
     1. Nature of locality
     2. Abnormal sensitivity
     3. Duration of interference
     4. Malice
     5. Utility of defendant's action
   • Example cases include:
     • Greenwich: No nuisance due to locality norms.
     • Thompson Schwab: Offense due to sight of illegal activities.
     • Shepherd and Griffith: Noise from neighbor deemed unreasonable.
     • Heath and Mayor Brighton: Sensitivity did not constitute nuisance.

3. Denial of Easement/Profits/Right of Access

Who May Sue?

• Those with interest in the land, e.g., owners, lessees, licensees with possession.
• Not applicable to guests or lodgers.

Who Can Be Sued?

• Creator of the nuisance.
• Occupier of land (responsible for those under control).
• Landlord (if authorizing nuisance).

Remedies

• Damages
• Injunctions

Defenses

1. Contributory negligence
2. Voluntary non-fit injuria (voluntary assumption of risk)
3. Act of a stranger
4. Necessity
5. Statutory authority
6. Prescriptive right (20-year period of activity)
7. Public good (not a valid defense)
8. 'Coming to the nuisance' (not a valid defense)

Public Nuisance

Definition

• Harmful activity affecting the general public or part thereof; primarily a crime.
• An individual can claim only with proof of particular damage beyond public suffering.

Cases and Examples

• Factory causing pollution or highway obstructions.
• Public nuisance actions are generally brought by the Attorney General.
• Example: Castle and St. Augustine Links Ltd - Golf ball injury to driver.

Who Can Sue?

• The Attorney General.
• Individuals with particular damage more than the general public.
• Includes injury to land, chattels, and personal injuries.

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This provides a comprehensive summary of the concepts of public and private nuisance, including relevant cases, remedies, and defenses.