Nuisance, Rylands v Fletcher, and Public Nuisance Flashcards
chapter 12
What is the definition of private nuisance?
An unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it. It requires:
○ An interference with the claimant’s use and enjoyment of land.
○ That the interference is unlawful.
What are the three types of interferences identified in Hunter v Canary Wharf for private nuisance?
○ Nuisance by encroachment on a neighbour’s land.
○ Nuisance by indirect physical injury to a neighbour’s land.
○ Nuisance by interference with a neighbour’s quiet enjoyment of their land.
What does ‘unlawful’ mean in the context of private nuisance?
‘Unlawful’ means substantial and unreasonable interference. It does not usually mean criminal. Courts balance the right of an occupier to do what they like with their land against the right of their neighbour not to be interfered with.
What factors are relevant in deciding whether an interference is substantial and unreasonable in private nuisance?
○ Duration and frequency of the interference.
○ Excessiveness of conduct and extent of the harm.
○ Character of the neighbourhood.
○ Malice on the defendant’s part.
○ Abnormal sensitivity of the claimant is ignored.
Who can sue in private nuisance?
Only a person with a right to exclusive possession of land can sue. This includes owner-occupiers and tenants.
Who can be liable in private nuisance?
○ The creator of the nuisance.
○ The occupier of the land from which the nuisance originates.
○ In some cases, a landlord.
What is the rule in Rylands v Fletcher?
The rule in Rylands v Fletcher imposes strict liability when there is an escape of something dangerous from a non-natural use of land. The occupier of the land is liable for the damage caused as a result of the escape, irrespective of fault.
What are the elements of the rule in Rylands v Fletcher?
○ The defendant brings onto their land for their own purposes something likely to do mischief.
○ There is an escape.
○ The use of land is non-natural.
○ It causes foreseeable damage of the relevant type
What is meant by “non-natural” use of land according to Transco v Stockport?
The use of land must be extraordinary or unusual according to the standards of the day. Normal industrial purposes are generally considered a natural use.
What is public nuisance?
A crime and tort that endangers the life, health, property, or comfort of the public, or obstructs the public in the exercise of public rights. Individuals can sue in public nuisance if they suffer particular harm.
What are the key differences between private and public nuisance?
○ Private nuisance protects an individual’s enjoyment of their land and requires a proprietary interest.
○ Public nuisance protects the public’s rights and does not require a proprietary interest.
○ Public nuisance can include claims for personal injury.
○ Private nuisance usually requires some continuity.
○ Public nuisance can be based on an isolated incident
What are some of the defences for private nuisance claims?
● Prescription: If the nuisance has continued for 20 years against the claimant
Statutory authority: If a statute permits the nuisance.
● Contributory negligence: If the claimant contributed to their own harm.
● Consent: If the claimant agreed to the interference.
● Act of God or nature: If the interference is due to an unforeseeable natural event.
● Necessity: If the interference was necessary to prevent a greater harm.
What are some ineffective defences in a private nuisance claim?
○ Claimant came to the nuisance: It is not a defense that the claimant moved to an area where a nuisance already existed.
● Public benefit: It is not a defense that the defendant’s activity benefits the public.
● Contributory actions of others: It is not a defense that other actions also contributed to the nuisance. * Planning permission: It is not a defense to claim planning permission for the nuisance.
What remedies are available in private nuisance?
○ Damages: Monetary compensation for losses.
○ Injunction: A court order to stop or regulate the nuisance.
○ Abatement: Self-help removal of the nuisance by the victim
What are the differences between a private nuisance and negligence claim?
○Private nuisance concerns an interference with land, while negligence can involve harm that is not related to land.
○Private nuisance usually requires continuity, while negligence can be based on an isolated act.
○Reasonableness is viewed differently: in nuisance, it concerns the use of land, while in negligence, it relates to the defendant’s actions.
○ Financial means are relevant in nuisance cases with natural hazards but generally not in negligence.
○ In negligence a claimant needs to show a lack of reasonable care, while in nuisance a defendant can still be liable even when reasonable care has been taken.
● A claimant can sue in private nuisance for intangible damage but not for a claim in negligence.
● Injunctions are available in private nuisance but not in negligence. * Personal injury is not recoverable in private nuisance, but is in negligence.
