tort lecture notes- cases included for land use PDF

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notes for writing essay using tort law, module 1...

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Nuisance and rylands elements of Nuisance: (checklist) - Who can sue? - The damage? - Factors determining unreasonable interference - Who can be sued? - Defenses - Remedies unreasonable = actionable PRIVATE NUISANCE - protection of the land - CANNOT be used for personal injury (use negligence for PI) CASE DETAILS HELD KEYWORD/TEST land Crown River Cruises ltd v includes permanently moored barge Kimbolton Fireworks ltd. Walter v Selfe (1851) “materially interferes with ordinary comfort” land of human existence “what is nuisance?” Barr v Biffa waste services (2012)

interference of comfort or convenience of living

land “what is nuisance”

Hunter v Canary Wharf (1997)

which claimants have an interest in the land who is on the title of the land?

land “

Fearn V board of trustees of the tate Gallery (2020)

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was not seen as unreasonable interference

Nuisance is interest in the land - Art 8(1) ECHR (expectation of privacy)

land

if D demands something of C that D is entitled to demand..: - but threat is an improper means of enforcing the D’s right (what they are entitled to demand) - Read and Coker (1853)^...