Seminar 21 - Tort - Group FT113 by Claire Turner https://padlet.com/claire43/kvdrxvkk78xv en-us 2016-10-11 12:32:32 UTC 2025-04-24 08:21:03 UTC hello@padlet.com claire43 https://padlet.com/claire43/kvdrxvkk78xv/wish/1367124374 2. Harvey is the owner of a small-holding, in which he has established a riding school. He has two immediate neighbours, Oenone, an elocution teacher, and Sonya, a taxi-driver.

Harvey has a contract to provide weekly riding lessons to the 400 pupils of St Michael’s, a local girls’ school. Oenone complains that on the days when the junior girls are receiving lessons, there is so much disturbance and disruption from their chattering, screaming and shouting that she and her own pupils cannot hear themselves think.
]]> 2021-03-30 07:57:21 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/1367124374 claire43 https://padlet.com/claire43/kvdrxvkk78xv/wish/1367445949
  • Alpha Chemicals Ltd owns and operates a chemical processing plant on the edge of a large manufacturing town. A number of local residents have recently experienced problems relating to the plant, namely:

    • (a) Brian has suffered damage to the paintwork to his house and any washing he hangs out to dry as a result of acid fumes released by the factory.



    ]]>     2021-03-30 10:27:28 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/1367445949     claire43 https://padlet.com/claire43/kvdrxvkk78xv/wish/1367447692 b) Clarissa complains that her life is being made intolerable by a very high-pitched noise emitted by machinery recently installed at the chemical plant. The machinery only operates for 10 minutes twice a day and the vast majority of people cannot hear the noise.]]> 2021-03-30 10:28:25 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/1367447692 claire43 https://padlet.com/claire43/kvdrxvkk78xv/wish/1367448646 c) Derek, who lives opposite the front gate of the chemical plant, is unable to sleep due to the arrival and departure of up to 20 lorries a night.]]> 2021-03-30 10:28:59 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/1367448646 claire43 https://padlet.com/claire43/kvdrxvkk78xv/wish/1367449641 Every Summer Harvey holds two or three large charity gymkhanas. Sonya complains that on these occasions the approach roads to her house are so congested by parked cars, horse boxes and other vehicles attracted by the gymkhana that she cannot get her taxi out. She has lost business as a result.

    Att Gen v PYA Quarries - has to prove special damage - as she has lost damage - this is over and above a class of individuals in her street. Therefore a claim in public nuisance. ]]>     2021-03-30 10:29:31 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/1367449641     Private nuisance: rdc8m4wdp9 https://padlet.com/claire43/kvdrxvkk78xv/wish/2111483962 Physical damage to the house: authority: St Helens Smeltings 

    claimant-seems to have a right to land- as says 'his house'. apply malone v Laskey and Hunter

    Defendant caused nuisance and owns and operates the chemical processing plant. 


    ]]>     2022-03-24 09:31:25 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/2111483962     It is Private Nuisance and sensitivity to the sound as well its intangible amenity damage . https://padlet.com/claire43/kvdrxvkk78xv/wish/2111486656 Does Clarissa have a proprietary interest in the land? (Malone; Hunter)

    Question whether they were a reasonable user? Sedleigh - balancing the rights of the landowner to use their land, against their neighbour's entitlement to their quiet enjoyment. Art 8 - right to private life. 

    Duration (De Keysers) - Would not be excessive. Abnormally sensitive (Robinson v Kilvert) - a reasonable person would not hear the noise. Location (Sturges v Bridgman) - as its a large manufacturing town, the noise was not unreasonable. Emanate land? - (Lippiatt). ]]>     2022-03-24 09:33:13 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/2111486656     Private Nuisance https://padlet.com/claire43/kvdrxvkk78xv/wish/2111497805 substantial interference of land (enjoyment of land) duration of 20 lorries coming in and out for the whole night; De Keyseres Royal Hotel v Spicer Bros. Defendant cant use abnormal sensitivity (Robinson v Kilvert) because claimant cant sleep and that would affect anyone. the nuisance is also clearly emanating from the land, (Lippiatt) the chemical plant as that is where the lorries are arriving and departing. Hunter v Canary Wharf. Locality - Sturges]]> 2022-03-24 09:41:23 UTC https://padlet.com/claire43/kvdrxvkk78xv/wish/2111497805