Nuisance

Question 1

Criteria that must be met for a private nuisance claim

Answer 1

• interference with C’s use/enjoyment of land, and
• the interference is unlawful

Question 2

3 types of interference

Answer 2

• encroachment on C’s land
• indirect physical injury to C’s land
• interference with C’s quiet enjoyment of land (eg. dust)

Question 3

How is “unlawful” interference defined?

Answer 3

Unreasonable and substantial interference

Question 4

What is NOT a relevant factor to whether an interference is unlawful?

Answer 4

Public benefit

Question 5

Is abnormal sensitivity considered in deciding if an interference is unlawful?

Answer 5

Yes- if the impact on a regular user would be unlawful, C can recover for all damage, even if greater than normal

Question 6

Who has standing to bring a private nuisance claim?

Answer 6

Anyone with exclusive occupation (not guests, children…)

Question 7

Who can be liable in private nuisance?

Answer 7

• creator of the nuisance
• occupier of land where the nuisance is created
• landlord

Question 8

What is (and isn’t) recoverable damage under private nuisance?

Answer 8

Physical damage to land or loss of quiet enjoyment of land, and consequential losses
NOT: personal injury, personal property damage

Question 9

What are the defences to private nuisance?

Answer 9

• prescription (20 years)
• statutory authority
• contributory negligence
• consent
• act of God
• necessity (due to danger to life, and D’s actions were reasonable)

Question 10

Which defences can NOT be used for private nuisance?

Answer 10

• C came to the nuisance
• public benefit
• actions of others
• planning permission

Question 11

Remedies to private nuisance

Answer 11

• damages
• injunctions (prohibitory, mandatory or quia timet)
• abatement (self-help)

Question 12

Definition of Rylands v Fletcher rule

Answer 12

When there’s an escape of something dangerous from a non-natural use of land

Question 13

4 elements of Rylands v Fletcher rule

Answer 13

1. D brings onto land something likely to cause mischief for own purposes (risk is “exceptionally high”)
2. it escapes (one-off, not ongoing!)
3. it’s a “non-natural” use of land
4. it causes “foreseeable damage of the relevant type”

Question 14

Defences to Rylands v Fletcher rule

Answer 14

• unforeseeable act of stranger
• act of God
• statutory authority
• consent
• contributory negligence

Question 15

2 elements of a public nuisance claim

Answer 15

• conduct materially affecting the reasonable comfort/convenience of a sufficiently large class of the public, and
• C suffered a particular harm

Question 16

Who is liable under Rylands v Fletcher?

Answer 16

The occupier, regardless of fault