Nuissance defences AO1

0.0(0)
studied byStudied by 0 people
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
Card Sorting

1/3

flashcard set

Earn XP

Description and Tags

Law

A-Level Law

OCR

Study Analytics
Name
Mastery
Learn
Test
Matching
Spaced

No study sessions yet.

4 Terms

1
New cards

What is prescription? (Sturges)

D will have the defence if C hasn’t made a complaint in 20 years

2
New cards

What is statutory authority (Allen)

D has legal permission- An Act of Parliament that allows D to carry out the activity causing the nuisance

Allen- oil refinery allowed to operate despite fumes and complaints

3
New cards

Moving towards the nuisance (Miller)

D may argue that C moved towards the nuisance. Not a defence but C can still claim

4
New cards

Social benefit

D may argue that they are providing a benefit to society. Not a defence but could be taken into account when awarding damages (D may have to pay less)