Answers and Illustrations Given
Consider the types of harm covered by the tort of private nuisance.
Which one of the following statements is most likely to be INCORRECT?
A. Loss of sleep is a type of harm covered by private nuisance.
B. A heart attack is a type of harm covered by private nuisance.
C. Damage to trees is a type of harm covered by private nuisance.
D. Damage to the foundations of a house is a type of harm covered by
private nuisance. - 🧠 ANSWER ✔✔Correct answer = B
The correct answer is B . Private nuisance does not cover personal injury.
In which of the following situations could there be a possible claim in
private nuisance?
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,A. To celebrate a special event X lights a bonfire in his garden. Smoke
drifts over the garden of his neighbour Y. X is not in the habit of lighting
bonfires and this is a one-off event.
B. X lights a bonfire in his garden every Sunday to burn garden rubbish.
Smoke and fumes always drift over Y's garden and spoil her pleasure in
sitting there.
C. X's one-off celebratory bonfire was carelessly constructed so it
collapsed onto Y's fence and burnt it down. - 🧠 ANSWER ✔✔Correct
answer = B
The correct answer is B. This situation is a continuing state of affairs which
is potentially actionable in private nuisance.
A is wrong as there would be no claim in private nuisance as there is no
continuing state of affairs.
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, C is wrong because there is no claim in private nuisance as this is a single
event. However a single event which causes tangible damage could be
actionable in negligence.
Which ONE of the following statements is INCORRECT?
A. A lodger cannot sue in private nuisance.
B. A member of the owner's family cannot sue in private nuisance.
C. A tenant cannot sue in private nuisance.
D. The owner's husband or wife cannot sue in private nuisance.
E. A landlord can only sue in private nuisance if the interference is likely to
cause permanent damage to the property. - 🧠 ANSWER ✔✔Correct
answer = C
The correct answer is C. A tenant can sue in private nuisance as they have
the necessary proprietary interest.
The test for remoteness of damage in the tort of private nuisance requires
the damage to be of a reasonably foreseeable type.
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