Chapter 12 - Nuisance Flashcards
What are the three types of torts under the umbrella term ‘nuisance’?
Private nuisance, the rule in Rylands v Fletcher, and public nuisance.
What is the definition of private nuisance?
An unlawful interference with a person’s use or enjoyment of land.
What types of interference can be relevant in private nuisance?
Encroachments (e.g., overhanging branches), physical damage (e.g., roof tiles damaging a neighbor’s property), and interference with quiet enjoyment or personal comfort.
What does ‘unlawful interference’ mean in private nuisance?
It means a substantial and unreasonable interference with the claimant’s use or enjoyment of land.
What factors do courts consider to determine whether an interference is unreasonable?
Duration, frequency, excessiveness of conduct, extent of harm suffered, abnormal sensitivity, and malice.
Can a claimant sue for private nuisance if they don’t live at the property?
Generally, no, unless they are a normal user of the land. If they are abnormally sensitive, their claim may not be successful.
What types of individuals can be liable in private nuisance?
The creator of the nuisance, current occupiers of land (even if they didn’t create the nuisance), and in some cases, landlords and independent contractors.
Can personal injury be claimed for in private nuisance?
No, private nuisance only covers land rights and damage to property, not personal injury.
What are some defences in private nuisance claims?
Consent, contributory negligence, prescription, statutory authority, and necessity (if someone acts to save life or limb).
Is ‘coming to the nuisance’ an effective defence in private nuisance?
No, it is not an effective defence.
What are the remedies available in private nuisance?
Damages and an injunction (or damages in lieu of an injunction).
What is the rule in Rylands v Fletcher?
It is a form of private nuisance where the defendant brings something onto their land with an exceptional risk of causing damage if it escapes.
What are the requirements for a claim under Rylands v Fletcher?
There must be an exceptional risk of damage, the thing must escape, and the defendant must be making a non-natural use of the land.
What are some defences in claims under Rylands v Fletcher?
Consent, contributory negligence, and statutory authority (if Parliament has authorised the nuisance).
What is public nuisance?
A crime that affects the rights of the public, but it can give rise to a tort claim if it materially affects a class of people and the claimant suffers particular harm.
