Nuisance And Rylands V Fletcher Flashcards
What is the legal principle established in the case of Rylands v Fletcher?
The rule of strict liability for escapes of dangerous substances.
What is the difference between private nuisance and public nuisance?
Private nuisance affects individual properties, while public nuisance affects the general public or a community.
True or False: Nuisance is a tort that involves intentional harm.
False
What are the two types of nuisance recognized in law?
Private nuisance and public nuisance.
Fill in the blank: In the case of Rylands v Fletcher, the defendant was held liable for the escape of ____________ substance onto the plaintiff’s land.
dangerous
What is the main defense in a nuisance claim?
Reasonable user.
What is the key element in establishing liability under the rule in Rylands v Fletcher?
Escape of a dangerous substance.
What is the general test for private nuisance?
Substantial and unreasonable interference with the use and enjoyment of land.
True or False: In the case of Rylands v Fletcher, the defendant’s actions were considered negligent.
False
What is the key difference between nuisance and Rylands v Fletcher?
Nuisance requires proof of fault, while Rylands v Fletcher imposes strict liability.
What is the remedy typically sought in a nuisance claim?
Damages or an injunction.
What is the rationale behind the rule in Rylands v Fletcher?
To ensure that those who engage in dangerous activities are responsible for any harm caused by their activities.
Fill in the blank: In a private nuisance claim, the interference must be ____________ and unreasonable.
substantial
What is the Latin term used in Rylands v Fletcher to describe the escape of a dangerous substance?
Sic utere tuo ut alienum non laedas.
True or False: The rule in Rylands v Fletcher only applies to landowners.
False
What is the main difference between private nuisance and Rylands v Fletcher in terms of liability?
Private nuisance requires proof of fault, while Rylands v Fletcher imposes strict liability.
What is the key element in establishing liability for private nuisance?
Substantial and unreasonable interference with the use and enjoyment of land.
True or False: Nuisance claims can only be brought by property owners.
False
What is the primary defense in a nuisance claim?
Reasonable user.
What is the main purpose of the rule in Rylands v Fletcher?
To hold those who engage in dangerous activities strictly liable for any harm caused by their activities.
What is the key difference between nuisance and Rylands v Fletcher in terms of liability?
Nuisance requires proof of fault, while Rylands v Fletcher imposes strict liability.
What is the general test for public nuisance?
Unlawful interference with a right common to the public.
Fill in the blank: In Rylands v Fletcher, the escape of a dangerous substance caused ____________ to the plaintiff’s land.
damage
What is the main remedy sought in a nuisance claim?
Damages or an injunction.
