NUISANCE
PUBLIC AND PRIVATE
• Very different in nature
• Contrast dramatically
Public nuisance
• creates strict liability as we’re dealing with member of the public who
are entitled to go about their business safely. Thus landowners must
ensure that their property is safe
• Generally adjoining public highway property causing hazard
• Large number of public affected
• EG garth brooks concert
Private
• – two parties – p and d – generally neighbouring landowners
• Usually a complaint about what defendant is doing on or with his alnd
• Physical damage to property
• Or disruptions or annoyance
Definition
Connolly v South 0f Ireland Asphalt.co 1977
- An unreasonable interference with, disturbance of or annoyance to
another person in exercise of his rights.
- If these rights belong to the person as a member of the public, the
negligence (act or omission) is a nuisance.
- If the rights relate to the ownership or occupation of land or
- (easement or profit) or other right enjoyed in relation to land – the act
or omission is a private nuisance
, - An easement is a right over land eg. Hunting or fishing right
PUBLIC NUISANCE
• Obstructing or causing inconvenience or damage to the public in
exercise of common rights
• Materially affecting the comfort and convenience of a class of people
though not necessary to establish that everyone is affected
• It’s a crime to create it
• Generally prosecuted by AG
• Unless P suffers ‘special/particular damage’ – more affected than
everyone else
• Person injury – AG v Mayo COCO
• Property
• Loss of opportunity (PEL)
Boyd v Great Great Northern railway
Doctor lost medical fee of ten shillings due to a
- delay at a level crossing
caused by public nuisance
SPECIAL DAMAGES
Smith v Wilson
Farmer purchased car to travel to market when
- normal route obstructed after D demolished a bridge and erected a
fence.
Can a single incident amount to a public nuisance? Most are ongoing.
Castle v St Augustine Link ltd 1922
P hit by golf ball struck by D’s golf club. Blinded as a result. Golf course
negligent in signs. P recovered for personal injury.
PUBLIC AND PRIVATE
• Very different in nature
• Contrast dramatically
Public nuisance
• creates strict liability as we’re dealing with member of the public who
are entitled to go about their business safely. Thus landowners must
ensure that their property is safe
• Generally adjoining public highway property causing hazard
• Large number of public affected
• EG garth brooks concert
Private
• – two parties – p and d – generally neighbouring landowners
• Usually a complaint about what defendant is doing on or with his alnd
• Physical damage to property
• Or disruptions or annoyance
Definition
Connolly v South 0f Ireland Asphalt.co 1977
- An unreasonable interference with, disturbance of or annoyance to
another person in exercise of his rights.
- If these rights belong to the person as a member of the public, the
negligence (act or omission) is a nuisance.
- If the rights relate to the ownership or occupation of land or
- (easement or profit) or other right enjoyed in relation to land – the act
or omission is a private nuisance
, - An easement is a right over land eg. Hunting or fishing right
PUBLIC NUISANCE
• Obstructing or causing inconvenience or damage to the public in
exercise of common rights
• Materially affecting the comfort and convenience of a class of people
though not necessary to establish that everyone is affected
• It’s a crime to create it
• Generally prosecuted by AG
• Unless P suffers ‘special/particular damage’ – more affected than
everyone else
• Person injury – AG v Mayo COCO
• Property
• Loss of opportunity (PEL)
Boyd v Great Great Northern railway
Doctor lost medical fee of ten shillings due to a
- delay at a level crossing
caused by public nuisance
SPECIAL DAMAGES
Smith v Wilson
Farmer purchased car to travel to market when
- normal route obstructed after D demolished a bridge and erected a
fence.
Can a single incident amount to a public nuisance? Most are ongoing.
Castle v St Augustine Link ltd 1922
P hit by golf ball struck by D’s golf club. Blinded as a result. Golf course
negligent in signs. P recovered for personal injury.
