Examination Timing: 00H01M08S
Two adjacent units on an industrial estate were occupied by a manufacturer of chutneys and pickles and a theatrical costume maker. The costume maker complains that odours from the spices used in the chutneys and pickles are making his employees feel nauseous and have led to complaints from customers about smells in costumes when they are hired out. The costume maker now wants to bring a claim for private nuisance.
In a claim for private nuisance, what test will be applied to determine whether there has been an unreasonable interference?
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The test for private nuisance involves determining whether the interference is unreasonable. This is assessed based on the character of the locality. In this case, the industrial estate environment is relevant. What might be considered a nuisance in a residential area might not be in an industrial estate, where some degree of noise, odour, and activity is expected.
Key Point: Private nuisance claims are assessed based on the reasonableness of the interference in the context of the locality. The character of the area plays a significant role in determining what constitutes an unreasonable interference.
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