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Nuisance (public nuisance (Categories (dangers on road (Mullan v Forrester…

- - - - Mullan v Forrester- allowing wall collapse onto footpath
      - McGowan Masterson - placing dangerous material on footpath
      - Walsh v Morgan parking sign on footpath
    - - Lynch v Hetherton - tree fell on plaintiffs car, driving along country road, duty of reasonable care to prevent injury from falling trees - plaintiff must land owner aware or should be aware of danger or show a proper inspection would have forewarned the owner
      - Gilen v Fair - rural owners not expected to inspect every tree
    - - Cunningham v McGrath ladders left on footpath
      - Wall v Morrissey - trench dug in road
      - Cunningham v Whealan - large number of animals obstructing road
    - - Convery v Dublin - development authorised without ensuring proper road infrastructure --> traffic congestion, rat runs used - no liability - defendant didnt own town square - nuisance because of motorists decisions and private developers
- - - - Hanrahan - son & wife not registered as owners entitled to damages
      - Molumby v Kearns - wife no legal interest in home, can sue as occupier of premises
    - - Creator - usually in control or occupation of the land
        
        Thompson v Gibson - builder of property is the defendant
      - Landlord
        
        lets premises with existing nuisance
        
        Covenants to repair - where injury results from landlord's breach of covenant to repair
        
        authorises nuisance
        
        Hussain v Lancaster Council not liable for tenant's racial abuse of plaintiff
        
        Southward v Mills - no authorisation of noise, not liable
        
        Goldfarb v Williams let premises to individual for dances - authorised use - liable
      - occupier
        
        if he creates the nuisance, authorises nuisance through a servant or agent