Tort 10: Nuisance & Rylands v Fletcher Flashcards
What is public nuisance?
- Unreasonable interference (isolated incidences generally not unreasonable - but can be)
- with the comfort and convenience of life
- of a class of the public
Who can sue for public nuisance
Individual
- if part of affected class; and
- suffered particular damage over and above the class in general
Attorney General
- on behalf of class of people affected
What is private nuisance?
- unlawfully interference
- with claimants use and enjoyment of land
Requirements
- must be continuing state of affairs
- must be substantial and unreasonable
What are examples of damage suitable for private nuisance?
- physical damage to land (eg. flooding, damage caused by vibrations)
- amenity damage (eg. noise, dust and smells)
- encroachment onto land (eg. overhanging tree branches)
Who can be sued under private nuisance?
Creator of the nuisance
- even if no longer in occupation of land
- even if simply on highway passing by
Occupier of land where nuisance exists
- if created on their land by others
- for example: employees, contractors etc.
Can an occupier of land be liable for private nuisance if this is created by trespassers or natural events?
Yes if the adopt or continue the nuisance
Adopt
- if occupier make use of the thing that constitutes the nuisance for there own use
Continue
- if once they know or ought to have know =n about it, they fail to take reasonable steps to deal with it
Who can sue for private nuisance?
Claimant must have:
- proprietary interest in the land affected (includes freehold, tenants and persons with exclusive possession)
How is the reasonableness of interference with land assessed in private nuisance?
Factors taken into account:
- Intensity and duration
- including time of day or night - Character of Neighbourhood
- not for physical damage to land or encouragement onto the land - Malice
- something may become unreasonable if motived by malice
NOT Taken into account
- Reasonable Care
- taking into account unreasonableness of interference so does not matter if D is taking reasonable care
. Abnormal Sensitivity
- does not play a factor
How is remoteness of damages assessed for nuisance
Is the damage a reasonably foreseeable result of the interference
What defences are available for nuisance
- Prescription
- if D has carried on the nuisance for at least 20 years (as actionable private nuisance) and no action taken
- requires that there was someone in occupation of nearby land who was effected - statutory aurhority
- courts to decided if nuisance itself is authorised by statute
What are not defences to private nuisance?
Planning permission
Coming to nuisance
What remedies are available for nuisance?
Injection
Damages
Abatement
- self help remedy where C can take steps to stop nuisance
What is the remedy of abatement and how can it be done
Self help remedy for private nuisance
- C can take steps to stop nuisance
- must do no more than is necessary
Entering LAnd
- if C must enter D’s land for this
- must first give notice and allow time for D to take action
- proper notice will be defence to trespassing
What is the rule in Ryland v Fletcher
Strict liability when
- there is an escape of dangerous thing from D’s land
- in the course of a non-natural use of the land
No requirement for continuing state of affairs
What are the elements to bring claim under Ryland v Fletcher
D brings something onto their land likely to cause harm if it escapes
D was engaged in non-natural use of the land
The thing escapes and causes damage
