Factors of Reasonableness

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Last updated 5:13 PM on 5/29/26
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7 Terms

1
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sensitivity of the claimant

the standard is that of the reasonably tolerant person - if a claimant is unusually sensitive, interference is likely reasonable

2
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Robinson v Kilvert

Man who carries on an exceptionally delicate trade cannot complain because it is injured by his neighbour doing something lawful on his property, if it is something which would not injure anything but an exceptionally delicate trade

3
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Network Rail v Morris

interference was not foreseeable as guitars were unusually sensitive

4
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Halsey v Esso Petroleum

usually frequent noise, or at unreasonable hours of the day will be considered unreasonable

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Crown River Cruises v Kimbolton Fireworks

a single event, if it is particularly bad, can be a nuisance

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Sturges v Bridgeman

the type of area is relevant - commercial/residential

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Coventry v Lawrence

Principle: planning permission can change the character of an area and therefore change what could e considered a nuisance, but does not give permission for nuisance