What common defense related to damages does Trevett v Lee highlight in private nuisance cases?

In the context of private nuisance cases, Trevett v Lee illustrates the defense of contributory negligence, which involves the claimant's own actions potentially contributing to the damage or injury they have suffered. This defense serves to mitigate the liability of the defendant by suggesting that the claimant had a role in the circumstances leading to their harm. For instance, if the claimant was aware of a nuisance but did not take reasonable steps to avoid the issue, their own negligence may reduce or eliminate the defendant's liability.

Understanding this defense is crucial, as it emphasizes the shared responsibility that can exist in nuisance cases. It indicates that even when a nuisance is present, claimants must also exercise care and responsibility to protect their own interests. In this respect, Trevett v Lee serves as a noteworthy case that reinforces the relevance of contributory negligence in assessing the overall circumstances and damages associated with private nuisance claims.