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Nuisance by Mind Map: Nuisance

1. Types

1.1. Public Nuisance

1.1.1. Definition Attorney General v PYA Quarries Ltd Arises when an act materially affect the reasonable comfort and convenience of life of a class of the society

1.1.2. Who can claim ? Criminal proceedings Public prosecutor on behalf of the government Civil proceeding No special damage suffered by any particular individual Civil proceeding Person who suffers special or particular damage

1.2. Private Nuisance

1.2.1. Definition Read v Lyons An unlawful, substantial and unreasonable interference with a person's use, comfort, enjoyment and any interest that a person may have over his land

1.2.2. Elements Substantial Interference It is not actionable per se. Unreasoableness Guidelines to determine the unreasonableness

1.2.3. Who can sue ? Landowner Occupier Reversoner

1.2.4. Who can be sued ? Creator Marcic v Thames Water Utilities Ltd Occupier Servant or employee Independent contractor Trespasser Liscensees Natural causes Conduct of previous occupier Landowner or landlord If he has authorised the nuisance If he knew or ought to have known of the nuisance before the tenancy became effective If he has covenanted to repair or has a right to enter the premises to conduct repair works Local authority/ government Koperasi Pasaraya v UDA Holdings Sdn Bhd

2. Defences

2.1. 1. Prescription

2.1.1. Applicable to private nuisance Sturges v Bridgman

2.2. 2. Statutory authority

2.2.1. Manchester Corp v Farnworth

2.3. 3. Other defences

2.3.1. Necessity

2.3.2. Consent

2.3.3. Defence of property

2.3.4. Contributory negligence