Term
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Definition
Malone v Laskey - only leaseholder not wife, toilet cistern
Khorasandjian v Bush - daughter of owner harrassed, liable
Hunter v Canary Warf - reinstated Malone but wives, exclusive possessors may win
Khatun v UK - prop interest rule is contrary to HR
Masters v Brent - new master extinguishes old |
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Term
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Definition
Sturges v Bridgman - 'nuisance in Belgrave Square not in Burmondsey' and he came to nuisance irrelevant.
Gillingham BC v Medway - planning permission for dock changed neighbourhood
Wheeler v JJ Saunders (smell)- not always
Thompson-Schwab (brothel) |
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Term
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Definition
Robinson v Kilvert - heat damaged special, no claim
Heath v Mayor of Brighton - noise only annoying to unreasonable person |
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Term
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Definition
Dennis v MoD - damages instead of injunction
Barr v Biffa - could not be a defence
Miller v Jackson - cricket balls no |
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Term
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Definition
Christie v Davey - banged plates, 'not legitimate use of house to vex and annoy'
Hollywood Silver Fox Farm - fired shots to scare foxes
Bradford v Pickles - malicious water draining, but irrelevent |
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Term
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Definition
Hunter v Canary Wharf - L Lloyd:
- encroachment
- physical injury
- interference with enjoyment |
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Term
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Definition
Sedleigh-Denfield - blocked pipe (adopted n of trespasser)
Goldman v Hardgrave - lightning tree left to burn (adopted n of nature, but consider resources)
Holbeck Hall Hotel - landslip too big/expensive to foresee |
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Term
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Definition
Tetley v Chitty - let land for go-cart
Hussain v Lancaster - license clause prohibiting nuisance
Landlord v Tenant Act - >7year lease duty to repair |
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Term
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Definition
AG v PYA Quarries - 'materially affects comfort/convenience HM subjects' Romer LJ
Ruffel - acid house part to local community
Johnson - obscene phone calls to 13 women
Castle v St Augustine's - golf balls to highway
Rimmington - malicious communications covered by statute not nuisance |
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Term
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Definition
Rose v Miles - canal block (PEL)
Noble v Harrisson - D ought to be aware of n
Tarry - strict liability (highway)
Local Govt Act 1972 - local authority can claim |
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Term
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Definition
- collecting and keeping on land
- non-natural use of land
- likely to do mischief
- escapes and causes harm |
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Term
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Definition
Miles v Forest Rock - explosives collected caused rocks to escape
LMS International - polystyrene collected, fire escaped |
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Term
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Definition
Rickards v Lothian - 'some special use bringing with increased danger' not overflow water
Read - munitions during war = natural
Musgrove - petrol tank for car was 'unnatural then'
Transco - water escape from regular pipe = natural HOFF: use insurance |
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Term
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Definition
Hillier - electrocuted cows
West v Bristol Tramways - varnish fumes damaged plants
Crowhurst - yew trees killed horses |
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Term
| RvF: Escapes and causes harm |
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Definition
Cambridge Water - GOFF: requirement of foreseeability of type of harm not of escape (Wagon Mound 1), species of neg
Read - munitions didn't actually leave premises
Hale v Jennings - damage to chattels recoverable
GHANDI: sealed fate of already moribund tort
Burnie Port (AUS) - subsumed by neg |
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Term
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Definition
Sturges v Bridgman - 20 years prescription counted from commencement of nuisance not conduct.
Civil Aviation Act 1982 - excludes claims
Wheeler v JJ Saunders - authorised development unless done unreasonably
Kennaway v Thompson - specialised injunction watersports
Watson v Promosport - must be special reason not to injunct |
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