Tort 2 Flashcards
(44 cards)
What is public nuisance?
Acts or omissions of the Defendant that materially affect the reasonable comfort and convenience of life of a class of Her Majesty’s subjects. It is a crime and very occasionally it may also be a tort.
Who can sue in public nuisance?
- An individual - they must show they have suffered ‘special damage’. 2. Local authority - on its own behalf. 3. Attorney General - for a class of people.
Who can be sued in public nuisance?
Creator of the nuisance or responsible for the nuisance (owner/occupier).
What are the elements that constitute public nuisance?
- Act or omission 2. One-off events or continuous 3. Class of His Majesty’s subjects - must be sufficiently widespread 4. Materially affects comfort and convenience.
What are the defences available in public nuisance?
Statutory authority, Consent, Contributory negligence, Act of 3rd party, Act of God.
What are remedies available in public nuisance?
Injunction, Damages.
If claim is brought by the Attorney General, the only remedy available is the injunction.
What is the rule in Rylands v Fletcher?
‘A person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril.’
Who can sue Rylands v Fletcher?
C must have a proprietary interest in the land affected.
Who can be sued Rylands v Fletcher?
The person who brings, collects and keeps the ‘thing’ onto the land and/or any person who has control over the land.
What are the elements in Rylands v Fletcher?
- The defendant brings onto land and accumulates there 2. For their own purposes anything likely to mischief if it escapes 3. Escape must occur 4. Foreseeable harm 5. Non-natural use of land.
What are the defences in Rylands v Fletcher?
Common benefit, Act or default of the Claimant, Statutory Authority, Act of 3rd party, Act of God, Contributory negligence, Consent.
What are the remedies in Rylands v Fletcher?
Damages & injunctions.
What is occupier’s liability?
Concerned with loss caused by the state or condition of premises or things done or omitted during the occupation of such premises.
What governs occupier’s liability?
OLA 1957 governs duty owed by occupiers to visitors, and OLA 1984 governs duty owed by occupiers to non-visitors.
What is the duty of care in OLA 1957?
An occupier owes the common duty of care to all visitors to ensure they are reasonably safe.
Who is an occupier?
Someone who has sufficient degree of control over the premises.
What are the categories of occupiers?
- Tenant if landlord does not live in the property 2. Landlord retains some part of the premises 3. Landlord issues a license 4. Occupier employs an independent contractor.
Definition of premises in OLA 1957?
Does not include land and buildings. Any fixed or moveable structure, including vessels, vehicles or aircraft.
What are the limitations to express permission to visitors under OLA 1957?
Area, time and purpose.
What are the rules regarding Public and Private Rights of Way?
Public right of way users are not covered; private right of way users are covered by OLA 1984.
How to know if D has fallen below the standard of care in OLA 1957?
Test: likelihood of harm, magnitude of harm, social value of the activity, cost of preventative measures.
Can an occupier discharge the duty through warnings?
Yes, if they warn the visitor of the danger sufficiently.
Very obvious dangers do not require warnings.
Can an occupier discharge duty through independent contractors?
Yes, if they hire reasonably, select competent contractors, and supervise properly.
Causation and remoteness under OLA 1957?
Once loss has been suffered and D has breached the duty, causation and remoteness are assumed.
