LAW1113 Lecture Notes - Lecture 6: Nuisance, Confectionery
Document Summary
Private nuisance - an unreasonable interference with the plaintiff"s use and. Interference with p"s use and enjoyment of land resulting from physical. Interference with p"s use and enjoyment of land resulting from discomfort. Fumes, golf balls, noise to p or damage to his sensibilities. As long as physical damage is not trivial, then the interference with p"s. Facts: fumes from smelting damaged tipping"s trees. Tipping use and enjoyment will be unreasonable (st helens smelting co) St helens smelting co v tipping successfully sued for nuisance. Where the nuisance has caused the plaintiff discomfort in the enjoyment of his property, the court, in order to ascertain whether the interference has been unreasonable, considers whether the interference has been unreasonable in all the circumstances. Locality: the less appropriate the act is, given the locality, the more likely it is that the interference will be unreasonable (sturges v brigman).
