Robinson v Kilvert [1889] 41 Ch D 88<\/strong><\/p>\n Nuisance \u2013 Sensitivity of the Claimant<\/p>\n The defendants operated a factory which made paper boxes.\u00a0 This required the factory to be continually warm and dry to ensure that the paper boxes were in good condition.\u00a0 The claimant rented the ground floor and used this area to store special brown paper.\u00a0 The heat from the defendant\u2019s factory damaged this brown paper, which was unusually sensitive to heat, and the claimant sued in nuisance.<\/p>\n Whether it was a defence to say that the claimants brown paper was unusually sensitive to heat.\u00a0 Whether or not there was a nuisance because of the damage to the brown paper, when ordinary paper would not have been damaged by the conditions.\u00a0 Whether the fact that the defendant\u2019s acts would not have harmed anything other than special brown paper was relevant.<\/p>\n The claim was dismissed as there was no nuisance.\u00a0 The conditions in the factory were not particularly unusual, and the claimant\u2019s operation of the factory in these conditions was not unlawful.\u00a0 The defendants had acted as reasonable tenants of their property.\u00a0 It had been shown that the heat from the factory would not have damaged ordinary paper.\u00a0 Instead the defendant\u2019s brown paper happened to be unusually sensitive to the heat, and it was this which caused the damage rather than anything that the defendants had done wrong.\u00a0 Accordingly, this could not be considered a nuisance caused by the defendants.\u00a0 Where one carries on an unusually delicate trade, they cannot then complain because they are injured by the defendant\u2019s carrying on their lawful business on their property if this would not have injured anything but an unusually delicate trade.<\/p>\n","protected":false},"excerpt":{"rendered":" Nuisance \u2013 Sensitivity of the Claimant. The defendants operated a factory which made paper boxes.\u00a0 This required the factory to be continually warm and dry to ensure that the paper boxes were in good condition.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[85],"class_list":["post-6273","post","type-post","status-publish","format-standard","hentry","category-cases","tag-uk-law"],"yoast_head":"\nFacts<\/h3>\n
Issues<\/h3>\n
Decision \/ Outcome<\/h3>\n