Malone v Laskey (1907): Who can bring a claim in private nuisance?
Areas of applicable law: Tort law – Nuisance – Private nuisance: Main arguments in this case: Who can sue in a tort of private nuisance? The fact of the case:… Read more »
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McKinnon Industries v Walker (1951): property of sensitive nature.
Areas of applicable law: Tort law – Private nuisance – Nuisance. Main arguments in this case: A claim for private nuisance would succeed if the damage caused to an abnormally… Read more »
Network Rail Ltd v Morris (2004): private nuisance – the test of sensitivity vs foreseeability.
Areas of applicable law: Tort law – Private nuisance – Foreseeability. Main arguments in this case: Private nuisance and the test of sensitivity vs foreseeability. The fact of the case:… Read more »
Hunter v Canary Wharf (1997): private nuisance
Areas of applicable law: Tort law – Nuisance – Private nuisance. Main arguments in the case: Only those who have proprietary interest in land can sue in tort of nuisance…. Read more »
Vellino v Chief Constable of Greater Manchester Police (2001)
Areas of applicable law: Tort law – Defence of illegality. Main arguments in this case: Should the police owe a duty of care to a person who is wanted for… Read more »
Tort law: general defences
Areas of applicable law: Tort law – General defences – Negligence. Main arguments: What defences are available in tort of negligence. General defences: In tort law there are primarily three… Read more »
Smith v Finch (2009): defence of contributory negligence.
Areas of applicable law: Tort law – contributory negligence. Main arguments in this case: Who is responsible in a case of negligence? The facts of the case: The claimant was… Read more »
Jones v Boyce (1816): contributory negligence in emergency situations.
Areas of applicable law: Tort law – Contributory negligence – Negligence. Main arguments in this case: What happens when it is an emergency and a person injures himself by acting… Read more »
Gough v Thorne (1966): contributory negligence and children
Areas of applicable law: Tort law – Duty of care – Contributory negligence. Main arguments in this case: Children may not be contributorily negligent depending up on their age. When… Read more »
Pitts v Hunt (1991): defence of illegality
Areas of applicable law: Tort law – Duty of care – Defence of illegality. Main arguments in this case: A claimant cannot claim damages for an act which arose due… Read more »