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Hollywood Silver Fox Farm Ltd v Emmett, [1936] 2 KB 408 (CA)

Facts:

E dislikes having a commercial silver fox farm nearby. E said he would shoot a gun off during breeding season if H kept breeding foxes, to disrupt breeding.

Issue(s):

Does this constitute nuisance?

Ratio:

Malice can be considered in determining whether an action constitutes nuisance.

Analysis:

Follows Christie v Davey (1893), to say that it is a nuisance.

E's actions were driven by malice and/or spite. E was doing so deliberately for a malicious purpose.

Holding:

H awarded 250 pounds, and an injunction limited to breeding season.


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