3.5 Nuisance and the escape of dangerous things Flashcards
What is private nuisance
protects rights of an occupier against ‘unreasonable interference with enjoyment or use of the land’
What must C have in order to bring a claim of private nuisance?
Interest in the land
- C doesn’t need to own or occupy the land, just use it
What is a case for use of land in private nuisance
Jones Ltd v Portsmouth City Council
Facts of Jones LTD v Portsmouth City Council
C ran brokers in city, the road was owned by HCC. 2 trees outside the property whos roots ran into property and the loss of moisture led to subcidence of property. HCC had deal with PCC that they would maintain the trees.
Held in Jones LTD v Portsmouth City Council
PCC were liable as they had control over the trees (legal interest in the land)
What are some examples of what ‘interference’ can be
- flooding
- smells
- noise
- cricket balls
- physical damage
What is ‘unlawful interference’
unreasonable use of the land and unreasonable interference
What will the courts consider when taking into account what would be an interference and unreasonable.
- Nature of locality/neighbourhood
- Duration
- Sensitivity
- Malice
What are the rules of Nature of locality/neighbourhood in private nuisance
- Industrial areas allow more room for nuisance than residential areas
- Planning premissions can change locality, dont give premission fo rnuisance
- If nuisance causes damage, locality irrelavent
Case for nature of locality
Hirose Electrical v Peak Ingredients (2011)
Facts of Hirose Electrical v Peak Ingredients (2011)
D manufactured food ingredients for his curries. C worked next to his factory manufacturing phone parts, both took place in an industrial estate. C brought action because of the smell
Held in Hirose Electrical V Peak Ingredients
D wasn’t found liable because of the locality of the business’
What are the rules of ‘Duration’ in private nuisance
Longer it lasts the greater the nuisance, more likely hood of unlawful interference.
What are the rules of ‘sensitivity’ in private nuisance
If C is abnormally sensitive, or land is sensity, D will not be liable.
What the exception to this
If nuisance would amount to nuisance of a reasonable person
what is a case for sensitivity
Robinson v Kilver (1889)
facts of robinson v kilver (1889)
D had a factory that made paper boxes and it needed to be warm and dry. C rented ground floor to sotre brown paper, which got damaged due to the heat.
Held in Robinson v Kilver (1889)
No nuisance, it was found that normal paper wouldn’t have been damaged in those conditions.
What are the rules for ‘malice’ in private nuisance
If D actions are malicious, more likely to be held unreasonable
How is foreseeability taken into account in private nuisance
Foreseeability works the same as in negligence
- Cambridge water v Eastern Countries Leather plc added forseeability
- In hunter v Canary Wharf judges rulled out possibility of claiming for purely personal injury fromm nuisance
What type of liability is Rylands v Fletcher
Strict - meaning D can be liable without being negligent
What is Rylands v Fletcher
Escape of non naturally stored things onto adjoining property causing damages
What are the case details of Ryland v Fletcher
D constructed a reservoir on his land, above a disused mine. Water filtered throught to the ground and to the mine and spread to a neighbouring mine owned by C, causing damage.
What did Lord Cranworth say as a result of this case
‘If a person brings or accumulates , on his land anything which, if escaped will cause damage, he does so at his own peril. If it does escape and cause damage, he’s responsible, however careful he may have been’
What are the requirements to bring action for Rylands v Fletcher
- accumulation on D land
- thing likely to do mischief if escaped
- escape
- non-natural use of land
- damage must not be too remote
What are the requirements to achieve ‘accumulation’
- D must bring hazardous thing onto land and keep it there
- Thing must be accumulated for D’s purpose
- Thing that escaped doesn’t have to be the thing accumulated
What are the requirements to achieve ‘accumulation’
- D must bring hazardous thing onto land and keep it there
- Thing must be accumulated for D’s purpose
- Thing that escaped doesn’t have to be the thing accumulated
What is a case for accumulation in Rylands v Fletcher
Giles v Walker 1890
Facts of Giles v Walker 1890
Seeds from some thisles on D’s land got blown onto the C’s farm and destroyed his crops
Held in Giles v Walker 1890
D was not liable as he had not brough the thing onto his land, it accumulated naturally
What are the rules for ‘things likely to do mischief if escaped’ in Rylands v Fletcher
- Doesn’t have to be hazardous, just do damage if escaped
- Lord Hoffman stated ‘damages for personal injury are not recoverable’
What is escape in Rylands v Fletcher
Must be from a set of circumstances which the D has control over which a set of circumstances the D hasn’t got control
What are the rules of ‘non natural use of land’
- must be ‘extraordinary and unusual’ at 1 time and 1 place but not at another time and another place
What is a case for ‘non-natural use of land’
TransCo v Stockport (2004)
facts of TransCo v Stockport (2004)
Water supply pipes leaked onto encroachment which housed C’s gas supply pipes. Gas pipes collapsed and caused damage.
Held in TransCo v Stockport (2004)
D were not liable for damages as the pipes were not extraordinary or unusual.
What are some Defences to Rylands v Fletcher
- Act of stranger
- Wrongful act of a third party
- Act of god
- Statutory authority
- Consent/Benefit
