5): Nuisance and the Rule in Rylands v Fletcher Flashcards
What does nuisance protect?
The right to use and enjoy land without interference from others.
What is private nuisance?
tort to protect an individual in the enjoyment of their own property
Who can bring a claim for private nuisance?
A person with a proprietary interest in the land (e.g. owner-occupier or tenant with exclusive possession).
Who can be liable for private nuisance?
creator of the nuisance, the current occupier, or the owner of the land.
What are the three elements of private nuisance?
Unlawful interference – Must be indirect, continuous, and affect land use (e.g. noise, smells, vibrations).
Unreasonable interference – Factors include duration, frequency, harm, neighbourhood, and malicious intent.
Damage caused by the interference – Includes physical damage or discomfort (no need for physical injury).
What is public nuisance?
crime and a tort involving acts or omissions that endanger life, health, property, or public rights.
What are the two elements of public nuisance?
Conduct materially affects the reasonable comfort and convenience of the public.
Claimant has suffered particular harm
Who is responsible for enforcing public nuisance?
Attorney General or Local Authorities (on behalf of affected groups).
What are the five elements of liability under Rylands v Fletcher?
Non-natural use of the land.
Defendant brings onto land and collects something dangerous.
Thing is likely to cause mischief if it escapes.
Escape actually occurs.
Damage is foreseeable.
What are the defences to Rylands v Fletcher?
Consent
Contributory negligence
Statutory authority
Common benefit
Act of a stranger
Act of God
What are the remedies for private nuisance?
Injunctions – Stops or limits the nuisance.
Damages – Compensation for loss of amenity (e.g. fumes, noise, depreciation of land). No personal injury damages.
Abatement – Self-help remedy (e.g. removing an obstruction).
What are the defences to private nuisance?
Statutory authority – If the interference is caused by an authorised activity.
Alternative statutory remedies – If regulation already exists, claimants must use that system instead of tort.
Prescription – If the nuisance continues for 20 years with the claimant’s knowledge, it becomes lawful.
Coming to the nuisance – NOT a defence (e.g. moving to an area where nuisance already exists does not prevent claims).
What are the remedies for public nuisance?
Injunctions – To stop or limit the nuisance.
Damages – Compensation for property damage, personal injury, and economic loss.
What are the defences to public nuisance?
Statutory authority – If interference was due to a legally authorised activity.
Alternative statutory remedies – If a regulatory system exists, claimants must use it instead of tort.
