Nuissance defences AO1
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Last updated 2:19 PM on 4/13/25
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4 Terms
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What is prescription? (Sturges)
D will have the defence if C hasn’t made a complaint in 20 years
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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
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Moving towards the nuisance (Miller)
D may argue that C moved towards the nuisance. Not a defence but C can still claim
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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)
Note 
Flashcards (30)