Nuisance and Rylands Flashcards
What is the definition of nuisance?
“Unlawful interference with a persons use or enjoyment of land”
What is the main case for nuisance and what does it say?
Cambridge Water “the fact that the D has taken all reasonable care will not exonerate him”
What is the first key factor in nuisance?
Locality, Leeman v Montague
Rural/residential- less noise expected
Commercial/ Industrial- more noise expected
What is the side rule for stage one of nuisance?
Damage to land- St Helens Smelting v Tipping
If the nuisance causes physical damage to the C’s land then location is irrelevant.
What is the second factor of nuisance?
Duration, Cunard v Antifyre
The more lasting an interference the more likely it will be a nuisance.
What are the side rules for stage two?
Time of day- De Keyser’s Hotel
Even if the interference is short, it could still be unreasonable because of the time of day.
Damage to land- Crown River Cruises v Kimbolton
What is the third factor of nuisance?
Motive and Malice- Christie v Davey
What is the side rule for stage three?
Interference with C’s recreational activities- Hunter v Canary Wharf
What are the defences for nuisance?
Statutory Authority
Planning Permission
Prescription (did the nuisance go on for 20 years no complaint?)
Consent to nuisance
Acts of Claimant/ contributory negligence
What are the remedies for nuisance?
Damage compensation
Injunctions
Abatement
What is the definition for Rylands v Fletcher?
This is defined in Rylands v Fletcher as when the D brings something onto their land and stores it there, that thing must then escape and cause damage to the claimants land.
Four stages to claim.
What is stage one of Rylands?
A non- natural use of the land- D has brought something onto their land that was not naturally there.
Transco defines a non natural use as “extraordinary and unusual”
Something may also be unnatural due to quantity or volume.
What is stage two of Rylands?
An escape of the thing- Read v Lyon’s says the thing itself must actually escape
What is stage three of Rylands?
Damage caused by the escape- Rylands, Blackburn J says “the D will be liable for all the damage which is the natural consequence of its escape”
What is stage four of Rylands?
The damage must be foreseeable- Cambridge Water, if the D cannot predict it they cannot prevent it.
