Term
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Definition
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Term
| The definition of public nuisance comes from |
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Definition
| Attorney-General v PYA Quarries |
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Term
| Attorney General v PYA Quarries (facts) |
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Definition
| The defendans used a blasting system in their quarry which caused noise and vibrations and thre out dust, stones and splinters, which affected people living nearby. The Court of Appeal held that this could amount to a public nuisance. |
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Term
| Definition of public nuiscance |
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Definition
| A nuisance which "materially affacts the reasonable comfort and convenience of a class of her Majety's subjects." |
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Term
| How many people have to be afffected for them to amount to a class of her majesty's subjects? |
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Definition
The test is whether:
the nuisance is so widespread in its range
So indiscriminate in its effect
to expect one person to take proceedings on his own responsibility to put a stopto it,
but it should be take on the responsibility of the community at large. |
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Term
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Definition
| individual acts of private nuisance commite against several different menmbers of the public was not the same thing as nuisance affecting a section of the public and could not be public nuisance. |
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Term
| A defendant whose behaviour comes within the definition of public nuisance can be sued privately for tort in private nuisance if the claimant can prove... |
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Definition
| they suffered a special damage over and above the other members of the affected group. |
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Term
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Definition
| The claimant kept a coffee house in the Covent Garden Area of London, and the defnedant regularly elft his horses ad cars outside, obstucting the highway and blocking out light from the shops in the row. the nuisance affected all shopkeepers, but ebcause of the naute of the claiamnt's buisness he was able to prove that eh had suffered special damage, becuase the sall of the horses put the customers off. |
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Term
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Definition
| THe defendant council built some ferry rerminals in the river Thames, which caused excessive silting on the river bed. This casued invoneniecne to river useds in genera but the claimants were more affcted than most as access to their jetty as blocked, and they had to send a lot of money having the riverbed around it dredged. the House of Lords held that this amounted to special damage. |
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