Please enable JavaScript.
Coggle requires JavaScript to display documents.
Private Nuisance - Coggle Diagram
Private Nuisance
Defence
Coming to a nuisance is NOT a defence, e.g. 'their fault for moving in nextdoor'.
Statutory authority - Claimant has to prove that their conduct was authorised by law, e.g. claimants cannot sue airlines for flying over your house.
Prescription - Defendant has aquired the right to act a certain way as they have done it for 20 years or more.
Sturges v Bridgeman - A pestle and mortar ran by D caused a nuisance for C's consultancy nextdoor. Despite D having used the pestle and mortar for 20 years, it only became a nuisance once C moved next door, therefore it wasn't a viable defence. It will only work when a nuisance has been going on without complaint.
Damages, abatement and injuctions
Requirements
-
-
Claimant must suffer some harm (there most be damage, harm, injury on inconvenience.
-