Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Nuisance and Rylands v Fletcher
Private Nuisance
- 5 things to know
- Paper 2
Overview
Recall questions on the definition of private nuisance and who may sue, the three kinds of interference, the factors that make one unreasonable, who may be liable, and the defences of statutory authority, consent and coming to the nuisance.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What standard must the interference meet to be actionable in private nuisance, and how is this assessed?
Key term
What effect can malice on the part of the defendant have in a private nuisance claim?
Key term
How does statutory authority operate as a defence to private nuisance?
Process
What three kinds of interference does private nuisance protect against?
Questions from this subtopic
Each one with the model answer underneath.
- 1
How is private nuisance defined in tort law?
Model answer
Private nuisance is an unlawful interference with a person's use or enjoyment of land, or some right over or in connection with it.
- 2
What interest must a claimant possess to bring a claim in private nuisance?
Model answer
The claimant must have a proprietary interest in the land affected.
- 3
What type of interference does private nuisance protect against when the land itself suffers harm?
Model answer
Physical damage to land.
- 4
What type of interference does private nuisance protect against when the claimant's comfort or amenity is affected?
Model answer
Interference with enjoyment of land.
- 5
What type of interference does private nuisance protect against when rights such as easements are obstructed?
Model answer
Interference with servitudes (easements).
- 6
What standard must the interference meet to be actionable in private nuisance, and how is this assessed?
Model answer
The interference must be unreasonable, determined by balancing the rights of the claimant and defendant.
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