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Tort Law > EXAM NOTES - Nuisance > Flashcards

EXAM NOTES - Nuisance Flashcards

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1
Q

Define nuisance

A

unlawful activity that is harmful or noxious and interferes with another person’s rights, use or enjoyment of their land
- Read v J. Lyons

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2
Q

What does C need to sue in private nuisance?

A

proprietary/possessionary interest in the land affected

  • Hunter v Canary Wharf
  • Dobson v Thames Water
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3
Q

What can C recover for in nuisance

A

anything but PI

Transco v Stockport/Hunter v Canary Wharf

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4
Q

who can be sued for a private nuisance

A
  • the creator
  • the occupier
  • the landlord
  • the party in control of the land
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5
Q

what says the creator of the nuisance can be sued

A

Thomas v NUM

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6
Q

When can the occupier not be sued in private nuisance?

A
  • nuisance caused by independent contractors BUT: Matania v National Province Bank can be sued sometimes if nuisance caused is reasonably foreseeable
  • nuisance caused by previous owners
  • nuisance caused by a trespasser unless adopted or continued by occupier Page Motors v Epsom BC
  • nuisance caused by an unforeseeable act of nature eg Leakey v National Trust
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7
Q

when can the landlord be sued in private nuisance

A

if he rents the land for the activity that creates the nuisance eg Tetley v Chitty Go Kart Club

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8
Q

how can the party in control of the land be sued

A

eg Jones v Portsmouth CC sued because the council controlled the land even if it didn’t own it

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9
Q

what are the elements of a private nuisance claim

A
  • indirect interference with use or enjoyment of land (indirect - Holbeck Hotel v Scarborough
  • actual damage
  • interference is unlawful
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10
Q

indirect interference examples

A

Sturges v Bridgman noise

Sedleigh-Denfield v O’Callaghan flood of water

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11
Q

actual damage types

A
  • either property damage eg Lemmon v Webb from overhanging tree branches
  • or SPD sensible personal discomfort eg St Helen’s Smelting v Tipping
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12
Q

what does unlawful mean? How is it judged?

A

unreasonable

  • Bamford v Turnley; question of ‘live and let live’
  • standard judged objectively St Helens v Tipping
  • balances rights of D and C Sedleigh-Denfield v O’Callaghan flood case
  • range of factors
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13
Q

what are the factors of unlawfulness

A
  • character of neighbourhood
  • public benefit from the nuisance
  • time/duration/frequency
  • abnormal sensitivity
  • malice
  • lack of care about causing a nuisance
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14
Q

does the court consider planning permission in nuisance claims

A
  • do not authorise a nuisance Wheeler v JJ Saunders

- but may lead to a change in the area’s character Gillingham BC v Medway

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15
Q

are there any specific defences to a private nuisance claim

A

20 year prescription rule but very rare eg Sturges v Bridgman nuisance only developed after doctor’s surgery expansion so could not be used

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16
Q

define a public nuisance

A

an act or omission which materially affects the reasonable comfort and convenience of a group of people AG v PYA Quarries
- no interest in land needed Lyons v Gulliver

17
Q

give some examples of public nuisance

A
  • pollution Southport Corporation v Esso
  • queueing on the highway Lyons v Gulliver blocking a tea shop
  • picketing on a highway Thomas v NUM
  • pigeons Wandsworth v Railtrack
18
Q

what does C need to prove to bring an action in public nuisance?

A

1) part of a class of people that are affected
2) they have suffered some special damage or different damage beyond the rest of the group affected eg Lyons v Gulliver - tea shop owner lost custom due to the queue. Or Castle v St. Augustine Links Golf Club - C could sue because he was actually hit by a flowing golf ball
3) that their loss was material ie not trivial

19
Q

What is distinctive about liability in Rylands?

A

strict liability - no need to prove intention or negligence

20
Q

What does C need to sue in Rylands

A
  • proprietary interest in land as with private nuisance Cambridge Water v Eastern Counties Leather and Transco v Stockport
  • Can sue for a one-off spillage
21
Q

Who can be sued for a Rylands tort?

A

anyone who has control over the land on which the dangerous thing is brought
- Rylands

22
Q

What are the elements of a Rylands tort

A
  • mischief
  • non-natural user
  • escape
  • foreseeable
23
Q

explain Rylands mischief

A

brings onto the land something likely to do mischief ie has an element of danger

  • Rylands - water
  • Cambridge Water v Eastern Counties Leather - Chemicals
  • Hale v Jenning Bros - a funfair ride that broke and hit a neighbour
24
Q

explain Rylands non-natural use

A

D brings onto his land something not naturally there - some special use Rickards v Lothian
1 E.g. chemicals Cambridge Water v Eastern Counties Leather
2 Water for a reservoir Rylands v Fletcher
3 Not domestic water – Rickards v Lothian and Transco v Stockport
4 Can change over time e.g. Musgrove v Pandelis full tank of petrol
5 Strict approach to fire LMS International v Styrene Packaging

25
Q

explain Rylands escape

A

the mischief escapes beyond the boundaries of the land D controls
- Read v Lyons – C hurt in an explosion on D’s land so no escape

26
Q

how does foreseeability work as an element of Rylands

A
  • Cambridge Water v Eastern Counties Leather – the damage must be reasonably foreseeable, not necessarily the method of escape
27
Q

what are the defences to Rylands

A

Normal +

- common benefit to both parties Peters v Prince of Wales Theatre - sprinkler system benefitted C so he could not claim

28
Q

how do character of the neighbourhood, public benefit or time/duration/frequency affect whether a nuisance is unreasonable?

A
  • character of neighbourhood Sturges v Bridgman but not relevant if no SPD St Helen’s Smelting v Tipping
  • public benefit from the nuisance Adams v Ursell but high bar to get over eg Dennis v MOD
  • time/duration/frequency - longer more frequent offences (Castle v St Augustine Links Golf Club) more likely to be nuisance than one off offences Bolton v Stone
29
Q

How do malice, lack of care or abnormal sensitivity affect whether a nuisance is unreasonable?

A
  • abnormal sensitivity eg Robinson v Kilvert sensitive paper cf McKinnon v Walker plants not sensitive
  • malice eg Hollywood Silver Fox Farm v Emmett - can turn a lawful activity into a nuisance
  • carrying out work without taking reasonable care eg Andrae v Selfridge
30
Q

What can courts do if they want to control when a nuisance happens but not prevent it completely?

A

Kennaway v Thompson (speedboats on Lake Windemere) - issue partial injunction

31
Q

can noise be a public nuisance?

A

yes - R v Shorrock

32
Q

is moving to the nuisance a defence in public or private nuisance?

A

no, Miller v Jackson

33
Q

How big must the class of people be for a public nuisance claim?

A
  • can be small AG v Hastings
34
Q

What kind of damage can be recovered for in public nuisance?

A
  • any damage including PI and pure economic loss Rose v Miles
35
Q

What defences rely on the actions of the claimant?

A
  • C’s contributory negligence eg Froom v Butcher - failing to wear a seatbelt reduced C’s damages
  • Default of the claimant (if the whole fault is C’s) Dunn v Birmingham

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