Nuisance and the Rule in Rylands v Fletcher

Question 1

Public nuisance is an __________ interference with the comfort and __________ of life of a _______ of the public

Answer 1

unreasonable, convenience, class

Question 2

When can a private citizen bring an action for public nuisance?

Answer 2

When they have suffered particular damage that goes beyond the damage suffered by the general public

Question 3

Private nuisance is where a defendant uses their _____ in a way which ________ or __________ interferes with the claimant’s use and __________ of theirs.

Answer 3

land, unlawfully, unreasonably, enjoyment

Question 4

For private nuisance claims, an interference is unlawful when it is what 2 things?

Answer 4

1. Substantial
2. Unreasonable

Question 5

For private nuisance claims, the interference must be ________ (i.e. not a one-off)

Answer 5

Continuing

Question 6

Describe three types of ‘interference’ in private nuisance?

Answer 6

1. Physical damage
2. Amenity damage e.g. caused by noise, smells etc.
3. Encroachment

Question 7

What are four factors the courts may look to in determining whether a nuisance is ‘unreasonable’?

Answer 7

1. Intensity and duration of interference
2. Character of the neighbourhood
3. Abnormal sensitivities of the claimant
4. Malice

Question 8

Industrial character of a neighbourhood may be relevant for only what type of damage in nuisance claims?

Answer 8

Amenity damage

Question 9

Who can bring a claim for private nuisance?

Answer 9

Anyone with a proprietary interest in the land

Question 10

Generally, is a person liable for a nuisance created by their independent contractor?

Answer 10

No

Question 11

What is an exception to the rule that a person is not liable for the nuisance created by their independent contractor?

Answer 11

Where the work for which the contractor was engaged carried a special danger of creating a nuisance.

Question 12

What are two defences to a nuisance claim?

Answer 12

1. Prescription
2. Statute

Question 13

For the defence of prescription, how long does the nuisance have to have gone on for?

Answer 13

20 years

Question 14

What are two non-defences for a claim to nuisance?

Answer 14

1. Planning permission
2. That C “came to the nuisance”

Question 15

What are three remedies to a nuisance claim?

Answer 15

1. Injunction
2. Damages
3. Abatement

Question 16

Injunction as a remedy to nuisance is at the court’s _________. They will look at all of the _________ before issuing this as a remedy

Answer 16

discretion, circumstances

Question 17

What is meant by abatement?

Answer 17

The termination, removal, or destruction of a nuisance.

Question 18

In abating a nuisance, a person must not do more than is _________ and if removal of the nuisance requires _____ onto the property from which it emanates, they will generally have to give _____ to the wrongdoer.

Answer 18

necessary, entry, notice

Question 19

If a neighbour’s tree is causing you a problem, do you have the right to cut off any boughs which overhang your land without notice to them?

Answer 19

Yes - although you may not go onto to their land to do so

Question 20

Rylands v Fletcher imposes ______ _______ when there is an ______ of a ________ thing from D’s land in the course of a __-________ use of the land

Answer 20

strict liability, escape, dangerous, non-natural use

Question 21

What are the three conditions for liability under Rylands v Fletcher?

Answer 21

1. D brings something onto their land that likely causes harm if it escapes
2. D was engaged in a non-natural use of the land
3. The thing escapes and causes damage

Question 22

Damages issued on a Rylands v Fletcher claim will be limited to whether they were _________

Answer 22

foreseeable

Question 23

What are four defences to a Rylands v Fletcher claim?

Answer 23

1. Escape was caused by an Unforeseeable act of a stranger; or
2. Unforeseeable natural circumstance
3. C’s Contributory negligence
4. Statutory authority