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Nuisance, Ryland v Fletcher: 1. non-natural 2. harmful 3. escape - Coggle…
Nuisance
Public
Comfort and convenience of life
Can be isolated
Unlawful interference
Unreasonable and substantial
Locality (residential v commercial)
irrelevant in case of physical damage
Utility of the conduct
Duration
Abnormal sensitivity
Malice
Foreseeability of damage - not liable for unforeseeable
Covers property and personal injury
Private
Cannot be isolated
Unlawful interference
Unreasonable and substantial
Damage
Defences & Remedies
Prescription
Statutory authority
Stakeholders
Private
Guest
Cannot sue or be sued
Employee
Cannot sue or be sued
Absentee landlord
Can sue but cannot be sued
Independent contractor
sued if creator of nuisance
Ryland v Fletcher: 1. non-natural 2. harmful 3. escape
Cannot recover personal injury
Damages reasonably foreseeable