Nuisance, Rylands v Fletcher Flashcards
What is Rylands v Fletcher?
A strict liability tort where D accumulates a substance that becomes dangerous when it escapes and causes damage, with non-natural use of the land
What are defences under Rylands v Fletcher?
- Act of God
- Unforeseeable act of a stranger
- Contributory Negligence
- C’s express or implied consent
- Where permitted by statute
What damages can be claimed under Rylands v Fletcher?
Damages of a reasonably foreseeable kind - but not personal injury.
Who can bring a claim for public nuisance?
The affected person, or the Attorney General on behalf of the class of affected persons
Who can bring a claim for private nuisance?
Anyone with a proprietary interest in the affected land
Who can a claim for private nuisance be against?
Creator of nuisance
Occupier of the land where nuisance is from (especially if they adopt or continue a nuisance)
What is private nuisance?
The unreasonable interference with C’s use and enjoyment of their land
How is unreasonable interference under private nuisance judged?
The following are irrelevant: that D had taken reasonable care, or C had special requirements
What remedies are there?
Injunctions (at court’s discretion) and damages
What is a defence to private nuisance?
That D’s nuisance has continued for at least 20 years
Private nuisance: is the fact that C came onto the nuisance relevant?
No
Private nuisance: is the fact that D had planning permission relevant?
No
Can a one off accident trigger a private nuisance claim?
No, nuisance must be continuous and not a one-off incident
