LAW1113 âTorts: Nuisance
LAW1113 –Torts: Nuisance General:
Private Nuisance is the unreasonable interference with P’s use and enjoyment of land.
Interferences:
Identify the act constituting the nuisance.
Material damage: •
Physical damage to P’s land
•
Interference with comfort/sensibilities of occupants of land
Damage to sensibilities:
Scope of Protection/Unprotected Interests: Freedom from view: Freedom to view:
Henry Ja
1
LAW1113 –Torts: Nuisance Creator of nuisance:
Who can be sued?
• •
May emanate from someone else’s land (Fennell v Robson Excavations Pty Ltd) Need not emanate from private property
• •
D knew, or ought to have known, of the nuisance AND
Continuing and adopting a nuisance: ()
Henry Ja
DON’T forget about REMEDIES!! Ø Injunction Ø Abatement (Self-help) Ø Damages
2
Private Nuisance is the unreasonable interference with P’s use and enjoyment of land.
Interferences:
Identify the act constituting the nuisance.
Material damage: •
Physical damage to P’s land
•
Interference with comfort/sensibilities of occupants of land
Damage to sensibilities:
Scope of Protection/Unprotected Interests: Freedom from view: Freedom to view:
Henry Ja
1
LAW1113 –Torts: Nuisance Creator of nuisance:
Who can be sued?
• •
May emanate from someone else’s land (Fennell v Robson Excavations Pty Ltd) Need not emanate from private property
• •
D knew, or ought to have known, of the nuisance AND
Continuing and adopting a nuisance: ()
Henry Ja
DON’T forget about REMEDIES!! Ø Injunction Ø Abatement (Self-help) Ø Damages
2
