Torts relating to land

Question 1

what are the categories of nuisance?

Answer 1

• private nuisance
• public nuisance
• Rylands v Fletcher

Question 2

Define private nuisance.

Answer 2

Any continuous activity or state of affairs causing substantial & unreasonable interference with C’s land, or his enjoyment of land.

Question 3

Who can sue in private nuisance?

Answer 3

Claimant must have proprietary interest.
- not sufficient if they’re child of someone with proprietary interest.

Question 4

Who can be sued in private nuisance?

Answer 4

• creator of nuisance
• occupier of land which nuisance originates; and
• owner of land (only where they’ve created / authorised nuisance)

Question 5

When will an occupier of land not be liable for nuisance caused by someone else?

Answer 5

when caused by:
- independent contractors
- previous occupiers
- trespassers
- natural; condition of land

Question 6

What is meant by the element ‘indirect interference’ when defining private nuisance?

Answer 6

occurs where nuisance starts on D’s land but then causes damage to some aspect of C’s use or enjoyment of their land.
examples= noise, vibration, smell etc

Question 7

What is meant by the element ‘causing damage’ when defining private nuisance and what are the 2 types of damage that are recoverable here?

Answer 7

• damage occurred & must have been reasonably foreseeable.
  types:
  1- property damage
  2- Sensible Personal Discomfort
  both recoverable + consequential economic loss

Question 8

What is meant by the element ‘unlawful interference’ when defining private nuisance?

Answer 8

= unreasonable interference

Question 9

What factors will the court consider when deciding if nuisance is ‘unlawful interference’?

Answer 9

• character of neighbourhood
• public utility
• duration & frequency
• abnormal sensitivity
• careless acts / malice

Question 10

Do planning permissions authorise private nuisance?

Answer 10

planning permission does not make the defendant’s use of their land reasonable. The courts might consider the terms of the planning permission in order to help them decided whether the use of the land is reasonable.

Question 11

What are the defences to private nuisance?

Answer 11

• volenti
• contributory negligence
• statutory authority
• 20 years’ prescription
• Act of third party
• Act of God

Question 12

What remedies are available for private nuisance?

Answer 12

• injunction (full / partial)
• damages
• abatement (claimant acts to stop the nuisance.)

Question 13

Define public nuisance.

Answer 13

acts or omissions of the defendant that materially affect the reasonable comfort and convenience of life of a class of Her Majesty’s subjects.
- both crime and tort offences.

Question 14

Who can sue in public nuisance?

Answer 14

• an individual
• a local authority
• Attorney General

Question 15

Who can be sued in public nuisance?

Answer 15

creator of nuisance & anyone else responsible for it.

Question 16

When can an individual sue for public nuisance?

Answer 16

When they are:
- a member of a class of affected ppl
- suffered special damage
- damage suffered is over and beyond rest of class
- damage must be direct & substantial;

Question 17

What is meant by act or omission when defining public nuisance?

Answer 17

same as private nuisance but includes one-off or isolated events

Question 18

What is meant by ‘class of His Majesty’s subjects’ when defining public nuisance?

Answer 18

not necessary for every member of class to have been affected, a representative cross-section will suffice.

Question 19

Define ‘Materially Affects Comfort and Convenience’ within public nuisance.

Answer 19

includes:
- SPD
- actual physical damage
- annoyance & irritation provided it’s material
- personal injury / inconvenience
- pure economic loss
** must be more than trivial & reasonably foreseeable.

Question 20

What defences are available for public nuisance

Answer 20

same as private nuisance
- volenti
- contributory negligence
- statutory authority
- 20 years’ prescription
- Act of third party
- Act of God

Question 21

What remedies are available for public nuisance?

Answer 21

• injunction (most likely)
• damages

Question 22

What losses are recoverable in public nuisance?

Answer 22

Property damage, consequential economic loss, personal injury, pure economic loss, and inconvenience.