Nuisance and Rule in Rylands & Fletcher

Question 1

Nuisance protects the rights to…

Answer 1

use AND enjoy the land against interference from others.

Question 2

Private nuisance?

Answer 2

tort to protect an individual in the enjoyment of their own property.

Question 3

The person who creates the nuisance, current occupier of the land OR the owner of the land…

Answer 3

liable for private nuisance.

Question 4

Claim for private nuisance only be brought by person who has?
Example?

Answer 4

a proprietary interests in the land
AND must be exclusive possession.

owner-occupier OR a tenant with exclusive possession BUT not a guest.

Question 5

Action for private nuisance – claimant must prove:
(3 elements)

Answer 5

*Unlawful interference with their enjoyment of land
*Interference was unreasonable
*Damage caused by the interference

Question 6

Unlawful interference with their enjoyment of land?

Answer 6

interference must be indirect, continuing situation AND interfere with the use of land.
Unlawful means unreasonable in this context.

Question 7

Interference was unreasonable?

Answer 7

interference is substantial AND unreasonable.
Factors – duration and frequency, extent of harm, character of neighbour, public benefit, AND improper/spiteful motive.
Taken into consideration when determining IF interference unlawful.

Question 8

Damage caused by the interference?

Answer 8

claimant MUST prove they have suffered damage.
Damage doesn’t need to be physical.
Inconvenience OR discomfort – sufficient.
Usual test for causation AND remoteness of damage applies.

Question 9

Public nuisance?

Answer 9

crime BUT also cause of action in tort.
It’s an act OR omission that endangers life, health, property, OR comfort of the public OR distorts the public in the exercise OR enjoyment of rights common to all people.

Question 10

An action for public nuisance involves:
(2 elements)

Answer 10

*Conduct that materially affects the reasonable comfort AND convenience of his Majesty’s subjects
AND
*Claimant has suffered particular harm.

Question 11

Attorney General OR Local Authorities are responsible for…

Answer 11

enforcement of public nuisances on behalf of the class of people affected.

Question 12

Person can sue in tort for public nuisance IF they can prove…

Answer 12

they suffered ‘special damage’ over and above the effects of the other members of the class affected.

Question 13

Rule in Rylands v Fletcher?

Answer 13

type of private nuisance that covers the situation where there is an escape of something dangerous in the course of a non-natural use of land.

Question 14

Rule in Rylands v Fletcher meant to protect against?

Answer 14

interferences that are due to isolated escapes from land.

Question 15

Tort created by Rylands v Fletcher for…

Answer 15

strict liability.

Question 16

Required elements of Rylands v Fletcher are:
(5 elements)

Answer 16

*Course of non-natural use of the land.
*Defendant brings onto his land AND collects AND keeps there
*Something likely to do mischief if it escapes.
*Does escape AND
*Causes damage of the foreseeable kind.

Question 17

Available defences for Ryland’s v Fletcher?
(6 elements)

Answer 17

consent
contributory negligence
statutory authority
common benefit
act of a stranger
AND act of god.

Question 18

Remedies for private nuisance involves:
(3 elements)

Answer 18

Injunctions
Damages
Abatement

Question 19

Injunctions?

Answer 19

force the defendant to cease OR limit the nuisance.
Discretionary remedy.

Question 20

Damages?

Answer 20

can be awarded for loss of amenity in land such as personal discomfort through fumes, noise, OR depreciation in value.
Not awarded for PI.

Question 21

Abatement?

Answer 21

form of self-help where claimant takes steps to stop the nuisance themselves.

Question 22

Defences for private nuisance include:
(4 elements)

Answer 22

Statutory Authority
Alternative Statutory Remedies Prescription
Coming to the nuisance

Question 23

Statutory Authority?

Answer 23

defendant not liable for interferences that are caused by activities that are authorised by statute.

Question 24

Alternative Statutory Remedies?

Answer 24

statute provides its own system of regulation for the activity to have caused a nuisance.
Claimant MUST use that system AND can’t sue in tort.

Question 25

Prescription?

Answer 25

continuation of nuisance for 20 years will, by prescription, legalise a private nuisance
where it can be shown that the claimant WAS aware of the nuisance AND did nothing about it.

Question 26

Coming to the nuisance?

Answer 26

not a defence to a nuisance claim.
Someone who commits a nuisance can still be liable EVEN THOUGH the claimant knew about the nuisance when they moved to the area.

Question 27

Remedies for public nuisance include:
(2 elements)

Answer 27

Injunctions
Damages

Question 28

Damages - public nuisance?

Answer 28

can be awarded for property damage, PI, AND economic loss.
Damages are recoverable for PI.

Question 29

Defences for public nuisance include:
(2 elements)

Answer 29

Statutory Authority
Alternative Statutory Remedies

Question 30

Summarise 7 elements of private nuisance:

Answer 30

*Tort only.
*Creator OR occupier is sued.
*Must have an interest in land to sue.
*Damages available (NOT for PI).
*Isolated incident won’t give rise to a claim.
Must be a continuing situation.
Nuisance MUST arise from defendant’s use of land.
*Individual can sue.
*Prescription is a defence.

Question 31

Summarise 7 elements of Rylands v Fletcher:

Answer 31

*Tort (strict liability).
*One who collects OR stores substances in question, owner, OR occupier of land.
*Must have an interest in land to sue.
*Damages available (NOT for PI).
*Isolated incident will give rise to a claim.
*Individual can sue.
*Defences available BUT not prescription.

Question 32

Summarise 7 elements of public nuisance:

Answer 32

*Crime AND tort.
*Creator OR occupier is sued.
*No interest in land required.
*Can recover damages for PI.
*One-off incident OR continuing situation can give rise to a claim.
Can arise from activities NOT related to use of land.
*Individual can sue IF a class of people are affected AND at least one of them suffer special damage.
*NO DEFENCE of prescription.