NUISANCE (Private Nuisance (Who may be sued? (Creator, Occupier), Who may…
Who may sue?
Those who had some proprietary right in land
Interference must be continuous
Factors of unreasonableness
Temporary interference & isolated accident
Sedleigh - Denfield v O' Callaghan
Christie v Davey
Extraordinary sensitivity of the plaintiff
Bridlington Relay v Yorkshire Electricity Board
Damage & locality
St. Helen Smelting Co. v Tipping
Bliss v Hall
Syarikat Perniagaan Selangor Sdn Bhd v Fahro Rozi Mohdi & Ors.
Benefit from defendant's activities
Adams v Ursell
Who may be sued?
An act materially affects the reasonable comfort and convenience of life of the part of society
AG v PYA Quarries Ltd.
Who may claim?
Civil (Special Damage)
Person who suffers special / particular damage
Pacific Engineering v Haji Ahmad Rice Mill
Civil ( No Special Damage)
MPPP v Boey Siew Than
Anything that cause hurt, inconvenience & damage