Nuisance And The Rule In Rylands V Fletcher Flashcards
What is the tort of private nuisance?
Usually concerned with disputes between neighbours, where one neighbour is doing something on his land which unreasonably affects the other neighbour’s ability to use or enjoy her land.
Involves balancing the competing interests of the neighbours.
What are some of the activities that have the potential to be an actionable nuisance?
Unpleasant smells Loud noises Vibrations Hot air rising Smuts Smoke Continuous interference from cricket balls Pollution of rivers
According to HUNTER v CANARY WHARF who can be the claimants for private nuisance?
- an owner of land
- an occupier of land
- a tenant NOT her family
What is interest does C must have in the land that D is affecting by his activities?
Proprietary interest
D must have a some degree of personal responsibility for the nuisance: this would include?
- the creator of the nuisance
- an owner of the land
- an occupier of land (landlord) who authorises another (tenant) to commit an inevitable nuisance on that land
- an occupier of land who has adopted or continued the nuisance by failing to take reasonable to stop the nuisance - e.g. D knows or ought to know of a nuisance created by a trespasser or the result of an overwhelming act of nature
How do u succeed with private nuisance?
To succeed with nuisance, C must prove that D is doing an activity that causes substantial and unreasonable interference with C’s use or enjoyment of her land and/ or causes physical damage to C’s land.
What are the substantial interference?
- If C is abnormally sensitive
- Location of her premises
- Nature of locality
- Physical damage to C’s land
What are the unreasonable interferences?
- More serious an interference the more likely it is that interference will be unreasonable.
- Longer the duration of the interference, more likely it is that the court will regard to be unreadable
