Tort Law 2

Question 1

Requirements for public nuisance

Answer 1

.Defined where a group of people is affected by the use of land in the locality
.Class of people- nuisance will more than likely affect more than 2 or 3 people
.Special damage- the person needs to show they have suffered special damage over and above the rest eg Castle v. St Augustine
.Claimants can claim damages for personal injury eg Corlay v. Corby

Question 2

Defences, Remedies and Evaluation

Answer 2

.Defences include consent and contributory negligence as well as statutory backing
.Remedies include injunction and damages
.Evaluation: public nuisance is broader than private nuisance

Question 3

Private Nuisance

Answer 3

.This is where a person’s use or enjoyment of their property is affected by the unreasonable behaviour of a neighbour
.The claimant can be either the owner, tenant or whoever has responsibility for the land
.The defendant is the occupier who will be held liable for the nuisance

Question 4

Elements of private nuisance

Answer 4

.Tort must be unlawful eg use of land deemed unreasonable
.Indirect Interference- if the interference is obvious and direct then the defendant will be found liable. If however it is indirect, then this is not enough eg Hunter v. Canary Wharf
-Courts are prepared to consider emotional distress however eg Laws v. Florinplace

Question 5

Factors of reasonableness

Answer 5

.Locality- what sort of area is it eg residential, partly commercial, industrial etc
.Duration of interference- a one off noisy party may not be nuisance but regular late night parties could be
.Sensitivity of the claimant eg Robinson v. Kilvert

Question 6

Defences of private nuisance

Answer 6

.Prescription- if the action has been a carried out for at least 20 years with no complaint in that time it can be used as a defence
.Statutory Authority- defendant may argue that the nuisance is regulated and licensed by the law eg Allen v. Golf

Question 7

Remedies for private nuisance

Answer 7

.Injunctions were set out in the Shelfer test. Damages should be awarded if:
-Claimant can be compensated by money
-Unfair on the defendant to grant an injunction

Question 8

What is a Rylands v. Fletcher tort

Answer 8

.Was a case where the decision was made in 1868. The original case involved water

Question 9

4 elements to be proved in Rylands v. Fletcher

Answer 9

1. The bringing onto the land and an accumulation
2. Of a thing likely to cause mischief if it escapes
3. Which amounts to a non-natural use of the land
4. Escapes onto adjoining property

Question 10

What things did the court decide were to cause mischief if it escapes

Answer 10

Gas/Electricity
Poisonous fume
A flag pole
Tree branches
An occupied chair from a chair-o-plane ride eg Hale v. Jennings

Question 11

What is non-natural use of the land

Answer 11

.Complex such as petrol in the tank of a garaged car eg Musgrove
-The natural use of the land differs eg Rickards v. Lothian where no liability was held as the use of domestic pipes was a natural use of the land

Question 12

The thing must escape and cause foreseeable damage

Answer 12

.It must escape from one property to another eg Wyvern

Question 13

Defence to Rylands v. Fletcher

Answer 13

Volenti (consent)
Act of stranger- D has no control of the escape
Act of God- caused due to unforeseen extreme weather conditions
Contributory negligence

Question 14

Evaluation of Rylands v. Fletcher

Answer 14

Overlap with the tort of negligence
Requirement that is must be a non-natural use of the land
Wide range of defences available for D
Test of foreseeability is strict

Question 15

Vicarious Liability

Answer 15

Vicarious Liability is where a third person, usually an employer has legal responsibilities for the unlawful actions of another, usually the actions of an employee acting in the course of employment

Question 16

2 main tests for VL

Answer 16

Was the person alleged to have committed the tort an employee or an independent contractor

Was the tort committed during the course of their employment

Question 17

Liability for employees test

Answer 17

The Integration or organisation test: unless a worker is fully integrated into the business then they are no employees

The economic reality or multiple test: this test uses multiple factors such as employer provides work for wage, subject to the control of an employer and a contract of employment

Question 18

Acting in the course of employment

Answer 18

Acting against orders: the employee is doing this, employer can still be liable eg Limpus v. London

Acting outside employment: if injury is caused by the employee doing something outside of his employment then the employer is not liable

Employee committing a criminal act: employer may be liable if the act has a close enough connection to what the employee has been employed to do

Employee committing a negligent act
Employee acting on a ‘frolic’ of their own

Question 19

Liability for independent contractors

Answer 19

An independent contractor is liable for their own actions, therefore it is important to have their own insurance cover

Question 20

Evaluating the tort of vicarious liability

Answer 20

.It is a just and practical remedy for the claimant as the employer is much more likely to have the means and resources to pay for compensation

.It seems unfair that an employer who has taken all precautions will still be held liable

.Decisions have been inconsistent eg Hilton v. Thomas

.It encourages employers to take greater care training their staff and making sure they are properly supervised