Nuisance Flashcards
Abatement
Self help remedy, ie. trimming branches down of a nuisance growing in the garden
Private Nuisance
Definition
Interference with the use or enjoyment of land.
Must be indirect, substantial, and unreasonable.
Between neighbours / those with a proprietary interest in the land.
Types of Private Nuisance
Encroachment – e.g., overhanging trees.
Direct physical injury – e.g., flooding.
Interference with quiet enjoyment – e.g., noise, smells.
What are the elements of the tort of private nuisance that must all be present?
Interference with enjoyment of land – e.g., smells, noise, vibrations.
Unreasonableness – must be substantial.
Damage caused by interference – physical or amenity loss.
Additional factors in unreasonableness (for the private nuisance tort) that will be considered by the court
Locality – industrial vs. residential areas.
Duration – short vs. long-term interference.
Sensitivity – impact on an unusually delicate trade.
Malice – intent to cause harm.
Damage – physical or impact on comfort.
Who can sue in a private nuisance tort?
The claimant must have a proprietary interest in the land
Who can be liable for a private nuisance tort?
Occupier, owner, or creator of the nuisance.
Defences to the tort of private nuisance
Statutory authority – legally permitted activities.
Prescription – interference for 20+ years without objection.
General defences – contributory negligence & volenti non fit injuria (consent).
Remedies to a private tort
Injunction – stops the nuisance.
Damages – compensation (not for personal injury).
Abatement – self-help remedy (e.g., trimming branches).
Human Rights Act 1998 – claim against public authorities.
Public nuisance definition
Interference with his majesty’s people / class of people. Both a tort and a crime
Give me some examples of a public nuisance tort
Obstruction – blocking highways.
Environmental issues – quarry blasting.
Events – poorly managed festivals.
Who can sue for public nuisance? (think of the level of harm required)
Individual must show special damage beyond general public harm.
Defences to a public nuisance
Statutory authority – lawful government actions. Government has authorised the Defendant to commit that act.
General defences – contributory negligence & volenti non fit injuria.
Remedies to a public nuisance
Injunction – stops the nuisance.
Damages – personal injury claims possible.
Definition of the rule in Rylands v Fletcher
non-natural thing escapes from the land and causes harm. MUST BE NON-NATURAL
What are the elements of the rule in Rylands v Fletcher
Bringing a dangerous thing onto land – e.g., water, gas, chemicals.
Thing escapes – leaves defendant’s land.
Non-natural use of land – e.g., chemical storage.
Damage caused – must be foreseeable.
Who can sue under the rule in Rylands v Fletcher?
Claimant who must own or exclusively possess the land.
Defences to the rule in Rylands v Fletcher
Volenti non fit injuria – consent to the risk.
Contributory negligence – claimant partly responsible.
Act of God – extreme natural events.
Statutory authority – lawful activity.
Act of a stranger – third party’s unforeseen actions.
Remedy for Rylands v Fletcher harm
Damages
Rylands v Fletcher is a
Strict liability offence
A grant of planning permission with a private nuisance can
be relevant in determining the nature of the locality
