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SQE 1 > 10 - TORT - Land > Flashcards

10 - TORT - Land Flashcards

1
Q

What is private nuisance?

A

Any
- continuous activity ⭕️👷‍♂️
- causing substantial & unreasonable interference 🐘🤪😡
- with a C’s land or their use/employment of that land🏡

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2
Q

Who can sue for private nuisance?

A

Must have a legal interest in the land (freehold / leasehold)
🏡

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3
Q

Who can be sued for private nuisance?

A
  • Creator of nuisance 🥁
  • Occupier of land from which nuisance originates 👫
  • Owner of the land 🎩
    E.g.
  • independent contractors (if occupier asks); 👷‍♂️
  • trespassers/visitors/predecessors in title (occupier liable if adopt nuisance); 🦹‍♂️
  • naturally occurring nuisances (occupier liable where they knew & failed to take reasonable steps to abate it) 🪿
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4
Q

What are the cases on who can be sued for private nuisance?
🥁

A
  • occupier liable for excessive noise and dust caused by contractors on his property. 👷🌬️
  • water pipe laid unlawfully beneath D’s land causing a flood. D had used pipe (adopted) and so liable. 🪈🚰🌊
  • Lighting caused a fire, D doused fire but left embers, fire reignited and damaged C’s property. ⚡️🔥💧🔥
  • LL allowed a motor-sport on his land - noise was not inevitable so LL had not participated in nuisance 🎩🏎️👂❌
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5
Q

When can a landlord be liable for a tenant’s nuisance?

A
  • Where they authorised it, 📝✔️
  • by actively participating or 🤡🥁🎩🎸
  • by leasing, where there was a very high probability that leasing would create the nuisance 🧨
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6
Q

What losses are recoverable for private nuisance?
🥁

A
  • Property damage (more than de minimus) 🏚️
  • Sensible personal discomfort (more than fanciful & must materially interfere with ordinary human comfort) 😵‍💫
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7
Q

Can a claim be made for personal injury under private nuisance?

A

No 🏡🏠🤕❌

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8
Q

What are the requirements for private nuisance?

A
  1. Indirect Interference (intangible e.g noise, fumes) 💨
  2. Recognised Damage (that is reasonable foreseeable) 🏚️🧐
  3. Continuous Act (unless a single incident caused by underlying state of affairs or for Ryland v Fletcher) ⭕️
  4. Unlawful Interference: must be unreasonable considering ordinary usage of a man living in a particular society (consider time/duration; area, abnormal sensitivity; malice; excessive behaviour)🧑‍⚖️🤡
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9
Q

What are the considerations for ‘Unlawful interference’?
👨‍⚖️😡

A
  • Time & Duration 🕰️
  • Locality 🏡
  • Abnormal sensitivity 🌷
  • Malice 🤬
  • D’s carelessness 🫣
  • Excessive behaviour 🤪
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10
Q

What are the exceptions to ‘continuous act’ required for private nuisance?

A
  • factory with metal foil strips, harm was caused in one go, but factory had been warned about leaving strips outside before.
    😒🏭💨⚡️😳
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11
Q

What are the cases regarding time & location when considering ‘unlawful interference’ for private nuisance? 🕰️🏡

A
  • motor boats = short lived so less likely to be unlawful 🚤 ⏱️
  • Sweet business in a residential area near a Doctor caused a nuisance but may not have been on an industrial estate 🍬🏭🥼🏡
  • planning permission can change the nature of the ‘locality’ so what was a nuisance no longer is - e.g. area became a dock with heavy traffic so changed local area = no nuisance 📄🏡🚢🚚
  • but PP for a pig pen did not change local area so smell caused nuisance. 📄🐷💩
  • speedway with PP in a rural area still caused a nuisance.📄🏡🏎️
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12
Q

What are the cases regarding abnormal sensitivity when considering ‘unlawful interference’ for private nuisance? 🌷

A
  • C’s heat sensitive paper was ruined by the heat from D’s manufacturing business in the cellar. No nuisance as C was abnormally sensitive.
    ⚙️♨️📰
  • C grew orchids, D’s factory fumes damaged plants in general so C could claim as the nuisance was caused generally (thin skull rule).
    🌷🏭💨🌲☠️🤕
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13
Q

What are the cases regarding malice when considering ‘unlawful interference’ for private nuisance? 🤬

A

C was a music teacher who disturbed D. D made noises to get his own back. D’s malice made his interference unlawful
🎼🤬🥁😳

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14
Q

What are the cases regarding defendants lack of care when considering ‘unlawful interference’ for private nuisance?
🫣

A

Normally neighbours have to put up with a certain amount of noise dust etc. from building works. But may be unlawful if building works could have been less disruptive
🫣🏗️🌬️

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15
Q

What are the cases regarding excessive behaviour when considering ‘unlawful interference’ for private nuisance?
🤪

A

D owned 100s of pheasants who damaged C’s crops - unlawful.
🤪🦜🦜🦜🦜🦜🌾

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16
Q

What defences are there for private nuisance?
🤺

A
  • 20 Years’ Prescription: length of time C could have complained - no action taken within that time ⌛️
  • Statutory Authority: where all due care has been exercised & nuisance is an inevitable consequence - oil refinery in Wales 🇬🇧
  • Consent: C specifically agrees to D causing nuisance, or shown willingness 🤝
    Contributory Negligence - C consented to colliery so must have consented to coal dust🤝🕳️🌬️
  • Act of 3rd Party: not liable unless adopt/continue nuisance 🥸
  • Act of God: not liable unless adopt/continue it 🧔‍♀️🌩️
  • Necessity 🚨
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17
Q

Is ‘moving to the nuisance’ a defence?

A

No
🚗🥁❌

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18
Q

What remedies are there for private nuisance?
🥁

A
  • Damages: where nuisance caused physical damage 🪙
  • Injunction (most common): full or partial 🚦
  • Abatement: self-help
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19
Q

What is public nuisance?

A

Any act or omission that materially affects a class of people

🤹🫥➡️🧕🏾💂‍♂️👨‍🍳👵🧔‍♂️

20
Q

Who can sue for public nuisance?

A
  • An individual (who suffered special damage, over/above rest of class)
  • Local authority
  • Attorney General (where no individual action is possible)
21
Q

Who can be sued for public nuisance?

A
  • Creator of the nuisance 🥁
  • Any person responsible for the nuisance
22
Q

What must be satisfied for a public nuisance claim?
👥🥁

A
  1. Act or Omission 🤹🫥
  2. One of Event or Continuous 🧨⭕️
  3. Class: effect must be sufficiently widespread 👩‍🦱👨‍🦲👩‍🦲👩‍🦰👲
  4. Materially affects comfort & convenience (annoyance/irritation sufficient as long as it’s material; loss must be reasonably foreseeable)
    😡🛋️🌮🧐
23
Q

What types of damages are recoverable for public nuisance?
👥🥁

A
  • Personal injury 🤕
  • Property damage 🏚️
  • Consequential econ loss 💰
  • Pure econ loss 💸
24
Q

What defences are there for public nuisance?

A

same for private minus prescription
❌⌛️
🇬🇧
🤝
🤝🕳️
🥸
🧔‍♀️
🚨

25
Q

What remedies are there for public nuisance?

A
  • Damages (only for individual claims) 🪙
  • Injunction 🚦
26
Q

What is the rule in Rylands v Fletcher?

A

Where something escapes from D’s land to C’s land causing foreseeable damage
🐅🏡🧐🏚️

27
Q

Who can sue under Rylands v Fletcher?

A

Must have proprietary interest in land affected
🏡

28
Q

Who can be sued under Rylands v Fletcher?

A
  • Person who brings, collects & keeps the thing onto the land 🎪
  • Person who has control over the land (owner/occupier) 👫🎩
29
Q

What damage is recoverable for Rylands v Fletcher?

A
  • Property damage 🏚️
  • Consequential econ loss 💰
30
Q

What are the requirements for Rylands v Fletcher?

A
  1. C must suffer some damage 🏚️
  2. D brings thing onto land & accumulates there for own purposes 🐅
  3. The thing is likely to do mischief if it escapes (must be exceptionally high risk) 🤪🧨
  4. Escape (can be slow, over a period of time) 🚪
  5. Escape causes foreseeable harm 🧐
  6. Non-natural use of land (must be extraordinary & unusual) 👽
31
Q

what cases are there demonstrating “brings onto land” under Rylands v Fletcher?

A
  • spread of thistles were not brought onto land
    🪻
32
Q

what cases are there demonstrating “mischief” under Rylands v Fletcher?
🤪🧨

A

pipe carrying water that burst was not ‘exceptionally high risk’ and therefore not likely to cause nuisance.
💧🪈❌🧨

33
Q

what cases are there demonstrating “escape” under Rylands v Fletcher?
🚪

A

held tyres on his land which caught fire. Held no RvF as it was the fire that had escaped, not the tyres
🛞 🔥

34
Q

what cases are there demonstrating “foreseeable harm” under Rylands v Fletcher?
🧐

A

leather chemical plant had concrete flooring. Chemicals seeped into soil causing damage to C’s borehole 1.3 miles away - claim failed as not reasonably foreseeable that concrete would leak causing damage.
👞💧🪣

35
Q

What defences are there for Rylands v Fletcher?
🤺

A

Same for public nuisance &:
- statutory authority 🇬🇧
- Common benefit 🌍
- Consent 🤝
- Contributory negligence 🤝🕳️
- Act of claimant caused escape 🤕🚪
- Act of 3rd party (unforeseeable act of a stranger over whom they had no control) 🥸
- Act of God (unforeseeable natural event)🧔‍♀️

36
Q

what cases are there demonstrating “common benefit” defence under Rylands v Fletcher?
🌍

A

theatre’s sprinkler system went off damaging shop next door. Held that system was for benefit of shop.
💦🏪❌

37
Q

what cases are there demonstrating “act of claimant” defence under Rylands v Fletcher?
🤕🚪

A

C dug under D’s canal causing a flood on C’s land.

👷🌊🤦‍♂️

38
Q

what cases are there demonstrating “statutory authority” defence under Rylands v Fletcher?
🇬🇧

A

D was under an obligation to lay a high pressure water pipe. No liability when it burst.
📄🪈🌊

39
Q

what cases are there demonstrating “act of god” defence under Rylands v Fletcher?
🧔‍♀️

A

D had pools on his land, v. heavy rain caused them to burst damaging C’s bridges. No liability as rain act of nature that was unforeseeable

🏊‍♂️🌧️🌊🧐❌

40
Q

What remedies are there for Rylands v Fletcher?

A
  • Damages 🪙
  • Injunction 🚦
41
Q

Who can sue under tresspass?

A

Must have a legal interest in the land. 🏡

If leased/licenced, must be the lessee/licensee that sues. LL can only sue if it affects him beyond the term of the lease.

👫✅
🎩❌

42
Q

Is damage required to sue in Tresspass?

A

No

43
Q

What is required from tresspass?

A
  • direct physical interference 👷
  • Intention 💡
44
Q

What is required for ‘intention’ for trespass?

A

The intention of carrying out the trespassing act (e.g. walking over a field), not necessarily the intention to trespass.
🚶‍♂️

45
Q

What are the defences for trespass?

A
  • Permission 🤝
  • Legal authority 🇬🇧
  • Necessity 🚨
46
Q

when must a claim for trespass be made?

A

within 6 years of the date of action

47
Q

what are the cases for trespass

A
  • shop sign invaded airspace 🪧
  • extractor fan at 4.5m invade airspace 👨‍🍳
  • areal photos not invading airspace 📸
  • oil wells under persons’ house 🛢️

SQE 1 (149 decks)

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