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English Law of Tort > 5 Torts involving land > Flashcards

5 Torts involving land Flashcards

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0
Q

Trespass to land - defences

A
  1. License and consent
    Robson v Hallett
  2. Lawful Authority
    Police and Criminal Evidence Act 1984
    Access to Neighbouring Land Act 1992
  3. Necessity
    Rigby v Chief Constable of Northamptonshire
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1
Q

Elements of trespass to land

A
  1. Land
    Is the soil, surface of the soil, any building fixed to the surface and the airspace above the land that is needed for normal use and enjoyment.
  2. Interference with possession of land
  3. Direct interference
    Distinction between trespass and nuisance. Trespass requires sth directly entering the land.
  4. Intentional interference
    League Against Cruel Sports v Scott
    Some level of carelessness is sufficient
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2
Q

Occupiers Liability - OLA 1957

A
  1. Def. Occupier
    S. 1 (2) OLA 1957 - reference to common law

Wheat v Lacon & Co ltd - sufficient degree of control

2. Occupier of what
S 1(3) - fixed of moveable structure
  1. Visitor
    Wheat v Leacon & Co ltd- anyone with permission to be there
4. Duty owed
S. 2 (2)
Duty depends on:
a. Nature of danger
b. length or time danger was in existence
c. Steps necessary to remove danger
d. Likelihood of injury being caused
  1. Children
    Special precautions to be taken where children are concerned.
    OLA 1957 s2(3)a
    Jolley v LBC
  2. Defences
    Unfair Contract Terms Act 1977
    Cannot exclude liability for death and personal injury for businesses
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3
Q

OLA 1984

A

Duty owed to others than visitors
S. 1(3)

Swain v Natui Ram Puri
Danger or risk must be obvious for duty to arise

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4
Q

OLA 1984 - defences

A
  1. Volenti
    Darby v National Trust
    Risk was obvious to claimant, therefore no liability
  2. No express provisions excluding liability in OLA 1984
  3. OLA 1984 s 2 modifies Unfair Contract Terms act 1977
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5
Q

Private Nuisance definition

A

The unlawful interference with a person’s use or enjoyment of land, or some other’s right over, or in connection with it.

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6
Q

Private Nuisance defendant, claimant

A
  1. Claimant
    Has to have interest in land affected by defendant’s unreasonable use
    Hunter v Canary Wharf ltd
  2. Defendant
    Those who occupy land on which nuisance originates
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7
Q

Private Nuisance - Elements

Unlawful interference

A
  1. Unlawful interference
    Hunter v Canary Wharf ltd

a. Interference by encroachment
b. interference by direct physical injury to neighbour’s land
c. Interference with a neighbour’s quiet enjoyment of his land

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8
Q

Private nuisance - elements

Unreasonableness of interference

A

Reasonable test

  1. Sensitivity
    Robinson v Kilver - no liability for special sensivity
  2. Locality
    Character of the neighbourhood
  3. Malice
    Reasonable conduct of defendant can be nuisance if bad motive or malice.
    Hollywood Silver Fox Farms v Emmet

Bradford Corporation v Pickles
A legal action which a person has a right to perform cannot be converted into an illegal action by an individuals motive.

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9
Q

Nuisance - defences

A
  1. Prescription
    Sturges v Bridgman
    Nuisance has been actionable for period of 20 years and claimant was aware of it.
2. Contributory negligence
Law Reform (Contributory Negligence) Act 1945
  1. Statutory Authority
  2. Public interest
    Is not a defence, but a factor in assessing reasonablene use of land
    Dennis v Ministry of Defence
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10
Q

Nuisance - remedies

A
  1. Abatement
  2. Injunction
  3. Damages for past interference
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11
Q

Ryland v Fletcher - elements

A
  1. Non natural use of land
    Substance is not naturally on land

Rickards v Lothian

Transco plc v Stockport Metropolitan BC
Extraordinary unusual use required

  1. Accumulation of dangerous thing
    Anything likely to do mischief if it escapes
    Accumulation must be voluntary
  2. Escape
    Escape within and escape from control
    Smith v Scott - escape from land
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12
Q

Ryland v Fletcher - conditions limiting the application of the rule

Transco plc v Stockport Metropolitan BC

A
  1. Claimant
    Must have interest in land
    Transco plc v Stockport Metropolitan BC
  2. Kind of damage
    Transco plc v Stockport
    Damages for personal injuries are not recoverable
  3. Foreseeability
    Transco plc v Stockport
    Damage must be foreseeable
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13
Q

Ryland v Fletcher - defences

A
  1. Statutory authority
  2. Consent of claimant
3. Default of claimant
Law Reform (Contributory Negligence) Act 1945 s 1
  1. Acts of a third party
  2. Operation of natural forces
6. Damage caused by fire
Fire Prevention (Metropolis) Act 1774, s 86
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English Law of Tort (5 decks)

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