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Torts Relating To Land Flashcards

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1
Q

What is private nuisance?

A

Private nuisance is the most significant land-based tort, based on the use of one’s land that causes an interference with the use or enjoyment of another’s land.

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2
Q

What is the key definition of private nuisance?

A

Any continuous activity or state of affairs causing a substantial and unreasonable interference with a claimant’s land or their use or enjoyment of that land.

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3
Q

What preliminaries must be considered before learning about private nuisance elements?

A
  1. Who can sue in private nuisance? 2. Who can be sued in private nuisance?
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4
Q

Who can sue in private nuisance?

A

The claimant must have a legal interest in the land, such as a possessionary or proprietary interest (e.g., freehold or leasehold). Mere permission to use or occupy land is insufficient.

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5
Q

What was the key case regarding who can sue in private nuisance?

A

In Hunter and Others v Canary Wharf Ltd [1997] AC 655, claims failed for those without a legal interest in the affected land.

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6
Q

Who can be sued in private nuisance?

A
  1. Creator of the nuisance; 2. Occupier of the land from which the nuisance originates; 3. Owner of the land.
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7
Q

Can the creator of the nuisance be sued?

A

Yes, the creator of the nuisance can be sued even if they are not in a position to end it.

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8
Q

What is the usual defendant in a private nuisance case?

A

The usual defendant is the occupier of the land from where the nuisance originates.

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9
Q

Under what circumstances can an occupier be liable for nuisances created by independent contractors?

A

An occupier may be liable if the nuisance caused by contractors is foreseeable and results in significant interference.

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10
Q

What is an example of an occupier being liable for a nuisance created by a trespasser?

A

In Sedleigh-Denfield v O’Callaghan [1940] AC 880, the occupier was liable for a nuisance caused by a water pipe unlawfully placed by a local authority.

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11
Q

Can occupiers be liable for naturally occurring nuisances?

A

Yes, occupiers may be liable for naturally occurring nuisances if they knew or ought to have known of the danger and failed to take reasonable steps to abate it.

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12
Q

What is the exception for landlords in private nuisance cases?

A

A landlord is not usually liable unless they authorized the nuisance or leased the property in circumstances where the nuisance was a high probability.

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13
Q

What are the four elements of private nuisance?

A
  1. Indirect interference; 2. Recognised damage; 3. Continuous act; 4. Unlawful interference.
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14
Q

What is indirect interference in private nuisance?

A

Indirect interference involves intangible effects like sounds, smells, fumes, and vibrations affecting the claimant’s use or enjoyment of their land.

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15
Q

What types of damage are recognized in private nuisance?

A
  1. Physical damage to property; 2. Sensible personal discomfort (SPD) affecting the enjoyment of land.
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16
Q

What must the claimant establish regarding damage in private nuisance?

A

The claimant must show that the damage was reasonably foreseeable and more than trivial.

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17
Q

What is the general rule regarding the continuity of the nuisance?

A

The nuisance must be continuous; a one-off isolated event is not normally actionable in private nuisance.

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18
Q

What constitutes unlawful interference in private nuisance?

A

The interference must be unreasonable, balancing the defendant’s right to use their land against the claimant’s right to enjoy theirs.

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19
Q

What is the significance of abnormal sensitivity in private nuisance claims?

A

A claimant with abnormally sensitive property cannot claim nuisance if the activity would not interfere with a reasonable occupier.

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20
Q

What is the role of malice in private nuisance cases?

A

If the defendant’s actions are solely to annoy the claimant, this may constitute a nuisance, as seen in Christie v Davey [1893] 1 Ch 316.

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21
Q

How does lack of care factor into private nuisance claims?

A

A lack of care by the defendant may count in favor of the claimant, as seen in Andreae v Selfridge and Co Ltd [1938] Ch 1 (CA).

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22
Q

What are the four elements that make up private nuisance?

A

The four elements are indirect interference, recognised damage, a continuous act, and unlawful interference.

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23
Q

What is indirect interference in the context of private nuisance?

A

Indirect interference is a nuisance that starts on the defendant’s land but causes damage to the claimant’s use/enjoyment of their land.

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24
Q

What types of losses are recognized in private nuisance?

A

Physical damage to property and special damages (SPD) are recognized losses in private nuisance.

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25
What does unlawful interference mean in private nuisance?
Unlawful interference means ‘unreasonable’ interference.
26
What factors do courts consider when determining if a defendant's use of land is reasonable?
The courts consider time and duration, locality, abnormal sensitivity, malice, lack of care, and excessive behaviour.
27
What is the defence of 20 years’ prescription in private nuisance?
If the defendant’s activity has been an actionable nuisance for 20 years or more without a complaint, the defendant can continue the nuisance.
28
What is the significance of the case Sturges in relation to 20 years’ prescription?
In Sturges, the nuisance only became apparent when the claimant's consulting rooms were built, so the defence of prescription was not available.
29
What is statutory authority as a defence in private nuisance?
If the defendant's activity is authorized by statute and they exercise due care, they may escape liability for the nuisance.
30
How does consent function as a defence in private nuisance?
If the claimant specifically agrees to the defendant causing the nuisance, that consent acts as a defence.
31
What is contributory negligence in the context of private nuisance?
The usual rules of contributory negligence apply, where the claimant's own actions contribute to the harm.
32
What is the act of third party defence in private nuisance?
The defendant is not liable for nuisance created by a third party unless they adopt or continue the nuisance.
33
What constitutes an act of God defence in private nuisance?
If the nuisance results from an act of God, the defendant is not liable unless they adopt or continue the nuisance.
34
What is the necessity defence in private nuisance?
The usual principles apply which are considered in the Adapt element ‘Necessity’.
35
What is the ineffective defence of 'moving to the nuisance'?
Claimants cannot be barred from complaining about a nuisance that existed when they moved to their property.
36
What remedies are available to a claimant in private nuisance?
The remedies are injunctions, damages, and abatement.
37
What is an injunction in the context of private nuisance?
An injunction is a primary remedy for a continuing nuisance, which can be full or partial.
38
What are damages in private nuisance?
Damages can be claimed for actual physical damage or consequential economic loss.
39
What is abatement in private nuisance?
Abatement is a self-help remedy where the claimant takes reasonable steps to stop the nuisance.
40
What is the structure for analyzing private nuisance?
Identify parties and tort, preliminaries, elements, defences, and remedies.
41
What is public nuisance?
Public nuisance is a crime that may also be a tort affecting a section of the community or the community as a whole.
42
What are the key areas regulated under public nuisance?
Key areas include pollution, noise, and public health measures.
43
What is the key definition of 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.
44
What case provides the definition of public nuisance?
The definition comes from Attorney General v PYA Quarries [1957] 2 QB 169.
45
What are the preliminaries to consider in public nuisance?
The preliminaries are: (1) Who can sue in public nuisance? (2) Who can be sued in public nuisance?
46
Who can sue in public nuisance?
An individual, a Local Authority, or the Attorney General.
47
What must an individual show to sue in public nuisance?
They must show that they have suffered 'special damage'.
48
What is 'special damage' in public nuisance?
'Special damage' means the claimant has suffered over and above the rest of the class or in a different way.
49
What case illustrates an example of special damage?
Lyons Sons & Co v Gulliver [1914] 1 Ch 631, where a café's trade was disrupted due to a queue outside.
50
Who can be sued in public nuisance?
The creator of the nuisance or any person responsible for it, such as an owner or occupier.
51
What are the elements of public nuisance?
The elements are: (1) Act or omission; (2) One-off event or continuous; (3) Class of His Majesty’s subjects; (4) Materially affects comfort and convenience.
52
What does 'act or omission' mean in public nuisance?
Liability can exist for omissions as well as acts.
53
Can public nuisance be a one-off event?
Yes, a public nuisance can be a one-off or isolated event.
54
What defines a 'class' in public nuisance?
A class must suffer a common injury, affected at more or less the same time and location.
55
What types of damages can be recovered in public nuisance?
Property damage, consequential economic loss, personal injury, and material inconvenience.
56
What is the main defense in public nuisance?
The main defense is statutory authority.
57
What remedies are available in public nuisance?
Injunctions and/or damages are available, but only injunctions can be granted if the claim is by the Attorney General or local authority.
58
What is Rylands v Fletcher?
Rylands v Fletcher is a tort where a person is liable for damage caused by something they bring onto their land.
59
What is the key definition from Rylands v Fletcher?
The person who brings on their land anything likely to do mischief if it escapes must keep it in at their peril.
60
Who can sue under Rylands v Fletcher?
The claimant must have a proprietary interest in the land affected.
61
Who can be sued under Rylands v Fletcher?
The creator of the nuisance and/or any person who has control over the land.
62
What types of loss are recoverable under Rylands v Fletcher?
Only property damage and consequential economic loss.
63
What are the elements of Rylands v Fletcher?
The elements are: (1) The defendant brings onto land; (2) For their own purposes; (3) Escape; (4) Caused foreseeable harm; (5) Non-natural use of land.
64
What does 'non-natural use of land' mean in Rylands v Fletcher?
It refers to a use that is extraordinary and unusual according to the standards of the day.
65
What defenses apply in Rylands v Fletcher?
Defenses include common benefit, act or default of the claimant, statutory authority, act of third party, act of God, contributory negligence, and consent.
66
What defences apply in Rylands v Fletcher?
The same defences apply as for public nuisance, with the addition of common benefit and default of the claimant.
67
What is common benefit in the context of Rylands v Fletcher?
If the claimant has agreed to the accumulation of the material by the defendant, there will be no liability. Consent can be implied if the substance has been accumulated for the common benefit of the claimant and defendant. ## Footnote Example: In Peters v Prince of Wales Theatre [1943] 1 AC 521, the claimant's shop flooded due to the defendant's sprinkler system, which was for the mutual benefit of both parties.
68
What happens if the escape is caused by the act or default of the claimant?
If the escape has been caused wholly by the claimant’s actions, there will be no liability. ## Footnote Example: In Dunn v Birmingham Canal Co (1872) LR 8 QB, the claimant dug under the defendant’s canal, causing flooding.
69
What is the statutory authority defence in Rylands v Fletcher?
The rules that apply to private nuisance regarding statutory authority are relevant. The defendant can rely on this defence if they were under a statutory obligation that led to the escape. ## Footnote Example: In Green v Chelsea Waterworks Co (1894) 70 LT 547, the defendant was authorized to lay a water pipe that burst.
70
What is the act of third party defence?
The defendant will not be liable if they can show that the escape arose through the unforeseeable act of a stranger over whom they had no control. ## Footnote Example: In Rickards v Lothian, a third party blocked the waste pipe, leading to flooding.
71
What is the act of God defence?
Where the escape is caused by a natural occurrence which could not have been reasonably foreseen, the defendant will not be liable. ## Footnote Example: In Nichols v Marsland (1876) 2 Ex D 1, extraordinary rainfall caused the defendant's dam to break, sweeping away the claimant’s bridges.
72
What remedies are available in Rylands v Fletcher?
The same remedies are available as for private nuisance, namely damages and injunctions. Damages are the most common remedy for property damage and consequential economic loss.
73
What are the elements to consider for Rylands v Fletcher?
1. The defendant brings onto land and accumulates there. 2. Anything likely to do mischief (damage) if it escapes. 3. It escapes. 4. The escape caused foreseeable harm. 5. Non-natural use of land.
74
What is the summary of Rylands v Fletcher?
Rylands v Fletcher protects against interference due to an isolated escape from the defendant’s land. The claimant must have a proprietary interest in the land affected, and losses recoverable are property damage and consequential economic loss.
75
What is public nuisance?
Public nuisance is a crime that may also be a tort affecting a section of the community or the community as a whole.
76
What are the key areas regulated under public nuisance?
Key areas include pollution, noise, and public health measures.
77
What is the key definition of 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.
78
What case provides the definition of public nuisance?
The definition comes from Attorney General v PYA Quarries [1957] 2 QB 169.
79
What are the preliminaries to consider in public nuisance?
The preliminaries are: (1) Who can sue in public nuisance? (2) Who can be sued in public nuisance?
80
Who can sue in public nuisance?
An individual, a Local Authority, or the Attorney General.
81
What must an individual show to sue in public nuisance?
They must show that they have suffered 'special damage'.
82
What is 'special damage' in public nuisance?
'Special damage' means the claimant has suffered over and above the rest of the class or in a different way.
83
What case illustrates an example of special damage?
Lyons Sons & Co v Gulliver [1914] 1 Ch 631, where a café's trade was disrupted due to a queue outside.
84
Who can be sued in public nuisance?
The creator of the nuisance or any person responsible for it, such as an owner or occupier.
85
What are the elements of public nuisance?
The elements are: (1) Act or omission; (2) One-off event or continuous; (3) Class of His Majesty’s subjects; (4) Materially affects comfort and convenience.
86
What does 'act or omission' mean in public nuisance?
Liability can exist for omissions as well as acts.
87
Can public nuisance be a one-off event?
Yes, a public nuisance can be a one-off or isolated event.
88
What defines a 'class' in public nuisance?
A class must suffer a common injury, affected at more or less the same time and location.
89
What types of damages can be recovered in public nuisance?
Property damage, consequential economic loss, personal injury, and material inconvenience.
90
What is the main defense in public nuisance?
The main defense is statutory authority.
91
What remedies are available in public nuisance?
Injunctions and/or damages are available, but only injunctions can be granted if the claim is by the Attorney General or local authority.
92
What is Rylands v Fletcher?
Rylands v Fletcher is a tort where a person is liable for damage caused by something they bring onto their land.
93
What is the key definition from Rylands v Fletcher?
The person who brings on their land anything likely to do mischief if it escapes must keep it in at their peril.
94
Who can sue under Rylands v Fletcher?
The claimant must have a proprietary interest in the land affected.
95
Who can be sued under Rylands v Fletcher?
The creator of the nuisance and/or any person who has control over the land.
96
What types of loss are recoverable under Rylands v Fletcher?
Only property damage and consequential economic loss.
97
What are the elements of Rylands v Fletcher?
The elements are: (1) The defendant brings onto land; (2) For their own purposes; (3) Escape; (4) Caused foreseeable harm; (5) Non-natural use of land.
98
What does 'non-natural use of land' mean in Rylands v Fletcher?
It refers to a use that is extraordinary and unusual according to the standards of the day.
99
What defenses apply in Rylands v Fletcher?
Defenses include common benefit, act or default of the claimant, statutory authority, act of third party, act of God, contributory negligence, and consent.
100
What defences apply in Rylands v Fletcher?
The same defences apply as for public nuisance, with the addition of common benefit and default of the claimant.
101
What is common benefit in the context of Rylands v Fletcher?
If the claimant has agreed to the accumulation of the material by the defendant, there will be no liability. Consent can be implied if the substance has been accumulated for the common benefit of the claimant and defendant. ## Footnote Example: In Peters v Prince of Wales Theatre [1943] 1 AC 521, the claimant's shop flooded due to the defendant's sprinkler system, which was for the mutual benefit of both parties.
102
What happens if the escape is caused by the act or default of the claimant?
If the escape has been caused wholly by the claimant’s actions, there will be no liability. ## Footnote Example: In Dunn v Birmingham Canal Co (1872) LR 8 QB, the claimant dug under the defendant’s canal, causing flooding.
103
What is the statutory authority defence in Rylands v Fletcher?
The rules that apply to private nuisance regarding statutory authority are relevant. The defendant can rely on this defence if they were under a statutory obligation that led to the escape. ## Footnote Example: In Green v Chelsea Waterworks Co (1894) 70 LT 547, the defendant was authorized to lay a water pipe that burst.
104
What is the act of third party defence?
The defendant will not be liable if they can show that the escape arose through the unforeseeable act of a stranger over whom they had no control. ## Footnote Example: In Rickards v Lothian, a third party blocked the waste pipe, leading to flooding.
105
What is the act of God defence?
Where the escape is caused by a natural occurrence which could not have been reasonably foreseen, the defendant will not be liable. ## Footnote Example: In Nichols v Marsland (1876) 2 Ex D 1, extraordinary rainfall caused the defendant's dam to break, sweeping away the claimant’s bridges.
106
What remedies are available in Rylands v Fletcher?
The same remedies are available as for private nuisance, namely damages and injunctions. Damages are the most common remedy for property damage and consequential economic loss.
107
What are the elements to consider for Rylands v Fletcher?
1. The defendant brings onto land and accumulates there. 2. Anything likely to do mischief (damage) if it escapes. 3. It escapes. 4. The escape caused foreseeable harm. 5. Non-natural use of land.
108
What is the summary of Rylands v Fletcher?
Rylands v Fletcher protects against interference due to an isolated escape from the defendant’s land. The claimant must have a proprietary interest in the land affected, and losses recoverable are property damage and consequential economic loss.

Tort Law (10 decks)

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