ENGELS: MODULE 3 + 4
Legal topics
1. Nuisance
1.1 Introductory text
1.2 Assignment
1.2.1 Translate the words
tort onrechtmatige daad
interference verstoring / belemmering
disrupted verstoord
hazard gevaar
make a claim in nuisance schadevergoeding eisen wegens overlast
claimant eiser
defendant verweerder / beklaagde
convenience gemak
statute wet
restrained gedekt worden door
remedy rechtsmiddel
damages schadevergoeding
injunction gerechelijk bevel
punishment straf wegens minachting voor de rechtbank
1.2.2 Answer the following questions
1. What area of common law is nuisance part of?
1
,Tort
2. What are the two types of nuisance? Explain the difference briefly.
- Private nuisance = the right of quiet enjoyment of specific people who possess or lease
property is disrupted.
- Public nuisance = unreasonable interference with the public’s right to property including
conduct that harms public health, safety, peace or convenience (e.g. obstruction of a public
road)
3. Who has the right to enjoy quiet possession of their land(s)?
All residents
4. Is trespassing a form of nuisance?
No, not if the trespasser doesn’t create smell, sounds, pollution or other troubles extending beyond
the borders of the property.
5. Give an example of annoying behaviour that doesn’t constitute nuisance.
A neighbour painting their house purple, the sound of a crying baby, …
6. What are the two main remedies in nuisance cases?
Claiming damages or an injunction (i.e. a court order to prevent the defendant form repeating the
activity that caused the nuisance)
7. What final step can be taken with the second remedy? When?
Punishment for contempt: if the defendant doesn’t live up to the condition of the injunction
1.3 Private nuisance
These are the elements that the claimant will have to prove in case of litigation (i.e. going in court).
Decisive factors:
1. an unreasonable use of land
2. leading to an indirect interference
3. with the claimant’s use er enjoyment of land
2
,4 factors of reasonableness the court would take into account in deciding whether a nuisance claim
can be successful.
1. the nature of the locality
e.g. setting up a transport firm in a residential area can be considered a nuisance.
2. the duration of the harm
i.e. the longer it lasts, the likelier it will be considered unreasonable.
=> coming to the nuisance isn’t a defence to the defendant!
3. the sensitivity of the claimant
i.e. is the nuisance foreseeable? If you use the land for an unusual or delicate use, you cannot
claim nuisance if it is adversely affected.
4. the motive or malice of the defendant
if e.g. your neighbour produces nuisance because they don’t like you, this will be held against
them in court.
There is the idea of social / public benefit. A nuisance can be a social / public benefit e.g. a cricket
club in a residential area provides sport for the community. Will this be a defence for the defendant?
-> No, the court can decide to deem (i.e. consider it a nuisance but to not do anything about the
nuisance)
Problem scenarios:
A. Your neighbour builds an extension next to their house which casts a shadow over your
garden and largely blocks the sun.
No nuisance
B. A sex shop opens in your local residential area and you are not happy about this.
Possible nuisance
C. Your neighbour has a satellite dish whish interferes with the reception on your TV.
No nuisance
D. You play the violin regularly at your home. Your neighbour hates this and bags on the wall
and shouts for you to ‘shut up’.
Probably no nuisance
Precedent = ze gaan kijken naar de uitspraak van voorgaande zaken om een uitspraak te doen.
3
, 2. Contracts
2.1 Contract law
-> the legal terms contracts and agreement are interchangeable.
2.1.1 Reading comprehension 1
Understanding the main points
Although oral agreements can exist in English law, how does the case of Hadley v Kemp show they
are not always ideal?
The existence of an oral agreement can be difficult to prove.
Understanding details
1. What do most people talk about when askes what a contract is?
A piece of paper, something in writing.
2. Give examples of when we can make contracts which are not in writing, perhaps not even
put into spoken words.
Buying something from a shop, getting a bus or train ticket, buying drinks or chocolate from a
vending machine.
4
Legal topics
1. Nuisance
1.1 Introductory text
1.2 Assignment
1.2.1 Translate the words
tort onrechtmatige daad
interference verstoring / belemmering
disrupted verstoord
hazard gevaar
make a claim in nuisance schadevergoeding eisen wegens overlast
claimant eiser
defendant verweerder / beklaagde
convenience gemak
statute wet
restrained gedekt worden door
remedy rechtsmiddel
damages schadevergoeding
injunction gerechelijk bevel
punishment straf wegens minachting voor de rechtbank
1.2.2 Answer the following questions
1. What area of common law is nuisance part of?
1
,Tort
2. What are the two types of nuisance? Explain the difference briefly.
- Private nuisance = the right of quiet enjoyment of specific people who possess or lease
property is disrupted.
- Public nuisance = unreasonable interference with the public’s right to property including
conduct that harms public health, safety, peace or convenience (e.g. obstruction of a public
road)
3. Who has the right to enjoy quiet possession of their land(s)?
All residents
4. Is trespassing a form of nuisance?
No, not if the trespasser doesn’t create smell, sounds, pollution or other troubles extending beyond
the borders of the property.
5. Give an example of annoying behaviour that doesn’t constitute nuisance.
A neighbour painting their house purple, the sound of a crying baby, …
6. What are the two main remedies in nuisance cases?
Claiming damages or an injunction (i.e. a court order to prevent the defendant form repeating the
activity that caused the nuisance)
7. What final step can be taken with the second remedy? When?
Punishment for contempt: if the defendant doesn’t live up to the condition of the injunction
1.3 Private nuisance
These are the elements that the claimant will have to prove in case of litigation (i.e. going in court).
Decisive factors:
1. an unreasonable use of land
2. leading to an indirect interference
3. with the claimant’s use er enjoyment of land
2
,4 factors of reasonableness the court would take into account in deciding whether a nuisance claim
can be successful.
1. the nature of the locality
e.g. setting up a transport firm in a residential area can be considered a nuisance.
2. the duration of the harm
i.e. the longer it lasts, the likelier it will be considered unreasonable.
=> coming to the nuisance isn’t a defence to the defendant!
3. the sensitivity of the claimant
i.e. is the nuisance foreseeable? If you use the land for an unusual or delicate use, you cannot
claim nuisance if it is adversely affected.
4. the motive or malice of the defendant
if e.g. your neighbour produces nuisance because they don’t like you, this will be held against
them in court.
There is the idea of social / public benefit. A nuisance can be a social / public benefit e.g. a cricket
club in a residential area provides sport for the community. Will this be a defence for the defendant?
-> No, the court can decide to deem (i.e. consider it a nuisance but to not do anything about the
nuisance)
Problem scenarios:
A. Your neighbour builds an extension next to their house which casts a shadow over your
garden and largely blocks the sun.
No nuisance
B. A sex shop opens in your local residential area and you are not happy about this.
Possible nuisance
C. Your neighbour has a satellite dish whish interferes with the reception on your TV.
No nuisance
D. You play the violin regularly at your home. Your neighbour hates this and bags on the wall
and shouts for you to ‘shut up’.
Probably no nuisance
Precedent = ze gaan kijken naar de uitspraak van voorgaande zaken om een uitspraak te doen.
3
, 2. Contracts
2.1 Contract law
-> the legal terms contracts and agreement are interchangeable.
2.1.1 Reading comprehension 1
Understanding the main points
Although oral agreements can exist in English law, how does the case of Hadley v Kemp show they
are not always ideal?
The existence of an oral agreement can be difficult to prove.
Understanding details
1. What do most people talk about when askes what a contract is?
A piece of paper, something in writing.
2. Give examples of when we can make contracts which are not in writing, perhaps not even
put into spoken words.
Buying something from a shop, getting a bus or train ticket, buying drinks or chocolate from a
vending machine.
4
