Daniel19761
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I am a bit confused in regards to the nature of locality in this question (tort law ) I would of thought seagulls would be expected, but then I keep thinking 'very rural' is referring to a place where seagulls wouldn't be?



Dyer’s Den, located on the Cornish cost, has been in operation as a family-run fishing
and boat house business for over 100 years. The Den is a very rural one located on a
remote part of the coast which is known for its fishing and rural farming heritage. The
present owners are Mr and Mrs Dyer. The operation of the business has always
involved the use of outdoor pools used for fish processing which can create a lot of
noise and generate some rather unpleasant smells from the work involved. The work
also naturally attracts a great deal of sea gulls, the noise of which can be incessantly
heard locally.
Business has been increasing slowly, and so they have earlier this year had to expand
fishing production to include a new processing machine which cans the fish on the
premises. The machine although located inside the business does generate a loud noise
when in operation between the hours of 6am – 11pm. To keep things running they
have also started to use spare rooms at the boat house as a Bed and Breakfast
accommodation to keep their income steady throughout the year.
Local residents have been to see you seeking your advice recently in relation to the
business, including:
a) Megan, a local dance teacher, who complained that the lessons she gives to local
children in her home by the sea are being ruined by the incessant noise of the sea
gulls;

law problem question
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SReeves157
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(Original post by Daniel19761)
I am a bit confused in regards to the nature of locality in this question (tort law ) I would of thought seagulls would be expected, but then I keep thinking 'very rural' is referring to a place where seagulls wouldn't be?



Dyer’s Den, located on the Cornish cost, has been in operation as a family-run fishing
and boat house business for over 100 years. The Den is a very rural one located on a
remote part of the coast which is known for its fishing and rural farming heritage. The
present owners are Mr and Mrs Dyer. The operation of the business has always
involved the use of outdoor pools used for fish processing which can create a lot of
noise and generate some rather unpleasant smells from the work involved. The work
also naturally attracts a great deal of sea gulls, the noise of which can be incessantly
heard locally.
Business has been increasing slowly, and so they have earlier this year had to expand
fishing production to include a new processing machine which cans the fish on the
premises. The machine although located inside the business does generate a loud noise
when in operation between the hours of 6am – 11pm. To keep things running they
have also started to use spare rooms at the boat house as a Bed and Breakfast
accommodation to keep their income steady throughout the year.
Local residents have been to see you seeking your advice recently in relation to the
business, including:
a) Megan, a local dance teacher, who complained that the lessons she gives to local
children in her home by the sea are being ruined by the incessant noise of the sea
gulls;

law problem question
I would be applying locality in that, as the claimants live on the cornish coast in a rural area, they expect it to be quiet, so the smells/noise of the business are unreasonable in that context.
If, for example, the claimants lived in or next to an industrial park in an urban area, noise and fumes/smells should have been expected so the courts wouldn't deem the 'nuisance' to be unreasonable in that locality.

If I were to consider Megan's moaning about the seagulls, I would either say that it is not of a serious enough degree to be deemed a legal nuisance, or that owing to the locality in which she lived (Cornish coast) she should have expected seagulls - them being around the coast is not unreasonable.
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