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Tort Law > Nuisance > Flashcards

Nuisance Flashcards

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1
Q

What three types of nuisance are there?

A
  1. Private Nuisance
  2. Public Nuisance
  3. Rule in Rylands v Fletcher
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2
Q

Private nuisance is not actionable per se. What must the claimant prove before making use of the action?

A

They suffered actual physical damage or ‘sensible personal discomfort’.

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3
Q

Which case gives us the definition of private nuisance?

A

Bamford v Turnley (1862)

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4
Q

How is private nuisance defined?

A

‘…any continuous activity or state of affairs causing a substantial and unreasonable interference with a plaintiff’s land or his use or enjoyment of that land.’

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5
Q

Who can bring a claim for private nuisance?

A

A person who has proprietary or possessionary interest in land.

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6
Q

Why could the claimant not sue in Malone v Laskey?

A

Mrs. Malone was a wife and back in those days wives didn’t have legal interest.

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7
Q

Which two cases confirm that only persons with a legal interest in land can sue?

A

Hunter v Canary Wharf and Dobson v Thames Water Utilities Ltd

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8
Q

Which three kinds of persons can be sued? Give an authority for each one.

A
  1. Creator of damage (Thomas v NUM)
  2. Occupier of land (Leakey v National Trust)
  3. Landlord (Lippiatt v South Gloucestershire Council)
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9
Q

An occupier will not be held liable for a nuisance emanating from their land if it was caused by whom?

A
  1. Independent contractors
  2. Predecessors in title
  3. Trespassers
  4. Naturally occurring nuisances or natural condition of land
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10
Q

Why is the judgment in Matania v National Provincial Bank considered rare?

A

The occupier was held liable for foreseeable noise and dust caused by contracted-out building work. Generally people are expected to put up with building works.

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11
Q

Which case shows that an occupier may be liable for a nuisance even if he hadn’t created it but had continued or adopted it?

A

Sedleigh-Denfield v O’Callaghan

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12
Q

In the Australian case of Goldman v Hargrave, despite the general rule, the occupier was found liable for a naturally occurring nuisance - a fire caused by lightening that struck a gum tree on the defendant’s land - but why?

A

The occupier knew or ought to have known of the danger and taken reasonable steps to abate it.

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13
Q

Which case decided that an occupier shouldn’t go so far out of his way such as to bankrupt himself to abate a nuisance?

A

Holbeck Hall Hotel v Scarborough Borough Council

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14
Q

In Leakey v National Trust the defendants were held liable for a landslip damaging the plaintiff’s land. In Holbeck Hall Hotel v Scarborough, the defendants were not. Give three reasons why?

A
  1. The measured duty of care depended on foreseeability. The scale of the landslip was not foreseen.
  2. The duty only extended to forewarning the landowner not carrying out preventative works
  3. It would be unreasonable and unfair to expect the defendant to be liable where the plaintiff also knew of the danger.
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15
Q

In which of the two cases - Lippiatt v Gloucestershire BC or Hussain v Lancaster CC - was the defendant held liable for the unlawful activity committed by their tenants?

A

Lippiatt v Gloucestershire BC

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16
Q

What did Hussain claim Lancaster CC were liable for? Why weren’t they liable?

A

Hussain argued the council had not carried out their equal opportunities policy in allowing their tenants to racially harass, but the court held LCC had not authorised racial behaviour and it was not fair, just and reasonable to hold them liable when they had acted reasonably.

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17
Q

What are the three elements of private nuisance?

A
  1. Indirect interference
  2. Damage
  3. Unlawful interference
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18
Q

What would the tort be if there were direct interference with land?

A

Trespass to land

19
Q

What are some examples of ways of indirectly interfering with one’s land?

A

Causing smells, noises, vibrations

20
Q

Which case tells us that damage or sensible personal discomfort must be reasonably foreseeable for there to be a claim in nuisance?

A

Cambridge Water v Eastern Counties Leather

21
Q

What type of damage is it not possible to claim for under nuisance?

A

Personal Injury

22
Q

Which case defines sensible personal discomfort. How is it defined?

A

‘the personal inconvenience and interference with one’s enjoyment, one’s quiet, one’s personal freedom, anything that discomposes or injuriously affects the senses or the nerves’ (St Helens Smelting Co v Tipping)

23
Q

What test did the court apply in St Helens Smelting Co v Tipping to determine whether a nuisance was unlawful if it caused sensible personal discomfort? How does this differ to actual physical damage?

A

They applied a test of reasonableness. Where actual physical damage has occurred there will almost always be an unlawful nuisance.

24
Q

What does ‘unlawful’ interference mean in the context of nuisance?

A

Unreasonable use of land rather than illegal

25
Q

What list of factors will be taken into account to decide whether the use of land is reasonable? (Note one factor is not considered if there is actual physical damage. Which factor is it?) Give a case for each.

A
  1. Character of neighbourhood (not considered where there is actual physical damage) (Sturges v Bridgman)
  2. Utility/public benefit (Adams v Ursell)
  3. Time and duration (Kennaway v Thompson)
  4. Continuing state of affairs or one-off (Spicer v Smee)
  5. Abnormal sensitivity (Robinson v Kilvert)
  6. Malice (Hollywood Silver Fox Farm v Emmet)
  7. Other factors eg lack of care (Andrae v Selfridge), moving to the area or natural condition of land
26
Q

What are the five defences against a private nuisance claim? Give an authority for each.

A
  1. 20 years prescription (Sturges v Bridgman)
  2. Statutory authority (Allen v Gulf Oil Refining)
  3. Consent
  4. Contributory negligence (s1 Law Reform (Contributory Negligence) Act 1945
  5. Act of God/third party (Holbeck Hall Hotel v Scarborough)
27
Q

Lay out the structure to answer a nuisance question (ten steps or more).

A
  1. Identify the tort
  2. Identify the parties (determine who can sue and who can be sued)
  3. Begin with any private nuisance claim
  4. Identify the indirect interference
  5. Identify the damage or SPD
  6. Analyse the factors to determine whether there has been unlawful interference.
  7. Consider any defences
  8. Consider remedies
  9. Repeat steps 2,7,and 8 and apply Rylands v Fletcher test
  10. Repeat for public nuisance
28
Q

What is the rule in Rylands v Fletcher?

A

Something which is brought on to land by D and accumulates which is likely to cause mischief if it escapes and causes damage to C.

29
Q

Does Rylands v Fletcher require D to be at fault?

A

No, it is a strict liability offence

30
Q

How does Transco v Stockport limit the tort in Rylands?

A

It states that the mischief must be very likely.

31
Q

How does Rickards v Lothian limit the tort?

A

The use of land must be non-natural.

32
Q

What sorts of things have been classified as non-natural use of land?

A

Chemicals (Cambridge Water)
Acid (Rainham Chemical Works v Belvedere Fish Guano)
Explosives (Read v Lyons)
Combustible materials (Mason v Auto Levy Parts)
Colliery spoil (AG v Cory Bros)

33
Q

What sort of things have been classified as natural use of land?

A 
Thistles (Giles v Walker)
Full tank of petrol (Musgrove v Pandelis)
Water piping (Transco)
34
Q

What must be foreseeable according to Cambridge Water under Rylands v Fletcher?

A

Damage must be foreseeable.

35
Q

What kind of damage is a claimant able to base a claim for under Rylands v Fletcher?

A

Not PI, following private nuisance (Transco).

36
Q

What defences are there against the tort in Rylands v Fletcher?

A
  1. Consent or common benefit which may be either express or implied (Peters v Prince of Wales Theatre), unless D has been negligent;
  2. Statutory authority
  3. Act of God (Nichols v Marsland)
  4. Act of claimant (Dunn v Birmingham Canal Co
  5. Act of third party, but only if D has not been negligent (Perry v Kendrick’s Transport)
37
Q

What remedies are available for private nuisance and Rylands v Fletcher?

A
  1. Injunction
  2. Damages in lieu - to be used sparingly (Watson v Crofit Promo-Sport)
  3. Damages/loss of amenity (Horsey and Rackley) (Dennis v MOD)
  4. Abatement (Lemmon v Webb)
38
Q

What is the definition for a public nuisance?

A

an act or omission that ‘materially affects the comfort and convenience of Her Majesty’s subjects’ (AG v PYA Quarries)

39
Q

What is meant by ‘material’ in relation to public nuisance?

A

More than trivial but not necessarily actual damage.

40
Q

How big does a group need to be bring a claim under public nuisance?

A

20 or so (AG v Hastings Corp and R v Rimmington). There should be a representative cross-section (East Dorset DC v Eaglebeam Ltd).

41
Q

Is it possible for an individual to bring a claim under public nuisance?

A

Yes, if the claimant has suffered special damage and there is a class affected (Lyons v Gulliver).

42
Q

Does a claimant require a legal interest in land to bring a claim?

A

No

43
Q

Does the act or omission have to be continuous?

A

No it may be a one-off.

44
Q

What are some examples of one-off public nuisances?

A 
Pop concert (AG for Ontario v Orange)
House party (R v Shorrock)
Golf balls across a highway (Castle v St Augustine's Link)
Pigeons (Wandsworth LBC v Railtrack plc)
Picketing a highway (Thomas v NUM)
Blocking a canal (Rose v Miles)

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