Nuisance and Rylands Flashcards
What is the law of nuisance about?
When there is a continuous unlawful interference with the use or enjoyment of land.
What are the 2 points of nuisance?
- Continuous
2. Unlawful. The court looks at 4 factors
What is meant by ‘continuous’ in nuisance?
It means the activity complained of must be an ongoing activity and not a once-off event.
What are the 4 factors examined in unlawful in nuisance?
a. Locality
b. Sensitivity
c. Utility
d. Malice
What is meant by Locality of nuisance?
Is the nuisance normal in that place? For example, cocks crowing in a residential area is not normal
What is meant by Sensitivity in nuisance?
‘The standard of tolerance is that of a normal neighbor’
- Cant claim if a normal person wouldn’t be bothered by the nuisance
What is meant by Utility in Nuisance?
If an act is useful to a community
What is the most likely hurdle for a private business in trying to show they are reasonable? point 2 of nuisance
Private business can rarely claim utility
What is the 3rd point of nuisance?
Interfere with. Must be something like smoke, or noise, etc..
What is the final point of nuisance? Point 4?
Must be interference with the use of the whole land, not just one aspect.
Where does Rylands come into question?
At the end of a nuisance question where a dangerous substance is kept on land and causes damage.
What is the first part of the law of Rylands?
Bring on to the land a substance which is not naturally present.
What is the 2nd part of the law of Rylands
The thing brought on must do mischief if it escapes.
What is the third part of the law of Rylands? And what is special about it
“This must amount to a non-natural use of land” and this is not written in the application.
What is the 4th point of Rylands?
There must be an escape of the substance from the land controlled by the def to land controlled by the Claimant. Reid vs Lyons
