Nuisance

Question 1

What is a public nuisance?

Answer 1

An unreasonable interference with the comfort and convenience of life of a class of the public (eg obstruction of a highway is a nuisance for people trying to use the highway)

Question 2

When can a private individual bring a claim for public nuisance?

Answer 2

ONLY where the private citizen has suffered particular damage beyond that suffered by the general public (ie it has affected them in a way worse than everyone else)

Question 3

What is private nuisance?

Answer 3

Disputes between neighbouring landowners where a defendant uses their land in a way which unlawfully or unreasonably interferes with the claimant’s use and enjoyment of their land

Must have proprietary interest in land to bring a nuisance claim (or if someones allowed their employees to bring nuisance)

Question 4

What are potential interferences under private nuisance?

Answer 4

• Physical damage caused by flooding, vibration etc
• Damage to enjoyment (noise, smells)
• Encroachment (overhanging tree branches)

Question 5

What are factors the court looks at to determine what is ‘unreasonable’?

Answer 5

• intensity and duration of interference
• Character of the neighbourhood at the time of the nuisance
• whether the claimant is abnormally sensitive (interference is not a nuisance if it would only bother abnormally sensitive people)
• Whether the interference was undertaken with malice (intent to cause it)

Damage must be foreseeable result of defendant’s actions - can’t be too remote

Question 6

What is trespass?

Answer 6

The intentional direct interference witht he occupier’s right to exclusive possession

Eg. walking on the land, or throwing something onto the land

Question 7

What are defences for a nuisance?

Answer 7

Prescription: nuisance has been going on for 20 years+ and it has been actionable in that time

The use is permitted by statute

BUT, planning permission does not negate a nuisance.

The fact that the nuisance already existed before the claimant came to it, is NOT a defence.

Question 8

What are potential remedies to a nuisance?

Answer 8

An injunction - ordering the defendant to stop or limit the activity

Damages

Question 9

What is the rule in Rylands v Fletcher?

Answer 9

Imposes strict liability (no fault required) where:
1. The defendant brings something onto their land likely to cause harm if it escapes(large amount of water, chemicals)
2. The defendant was engafed in a non-natural use of the land
3. The thing gathered on the land does escape and causes damage

Liability is strict, but it is limited to reasonably foreseeable damages

Question 10

What are the defences to the rule in Rylands v Fletcher

Answer 10

1. The escape was caused by the unforeseeable act of a stranger
2. The escape was caused by an unforeseeable natural circumstance (eg earthquake in an area not prone to earthquakes, or worst rain storm in history)
3. Claimant’s contributory negligence
4. Statutory authority