Paper 2: public and private nuisance, rylands fletcher Flashcards
Nuisance: two types
Private and public
Private nuisance: definition
A tort which deals with dispute between adjacent landowners which involved drawing a balance between the right of one person to use their land in whatever way they wish and the right of their neighbour not to be interfered with
Private nuisance: 3 elements
1) An unreasonable use of land
2) Leading to an indirect interference
3) With the claimants use of enjoyment of land
Private nuisance: who is D?
The ‘creator’ of the nuisance
Private nuisance: who is an occupier (cases)
- Authorising the nuisance (Tetley v Chitty)
- Adopting the nuisance (Sedleigh v O’Callaghan)
Private nuisance: Sedleigh v O’Callaghan
Held: as D knew of the nuisance/danger and allowed it to continue, D was held to have ‘adopted’ the nuisance and was liable for the damage
Private nuisance: Leakey v National Trust (1980)
D, the National Trust were liable as they knew that it might happen and did not prevent it
Private nuisance: factors to affect unreasonable use of the land
- Social benefit (Miller v Jackson)
- Duration (Bolton v Stone)
- Locality and time of day/week
- Malice (Christie v Davey)
- Sensitivity (Robinson v Kilvert)
Private nuisance: second element to prove the unreasonable use of land
That it has led to an indirect interference
Private nuisance: remote definition
The defend]ant is only liable for the damage if it is a reasonably forseeable consequence
Private nuisance: The Wagon Mound
Held: the courts held that damage by the oil was foreseeable, but the damage by the fire was not and therefore was too remote
Private nuisance: contributory negligence definition
Contributing to the nuisance they are complaining fo
Private nuisance: Sayers v Harlow UDC
Facts: C tried to escape a locked toilet so stands on the toilet roll holder and was injured
Held: Damages reduced by 25%
Private nuisance: 3 parts of consent
1) Knowledge and precise risk involved
2) Exercise of free choice by the claimant
3) A voluntary acceptance of the risk
Private nuisance: Smith v Baker
Held: workman had already done all that he could in complaining about the risks involved in the work place above his head. He had no choice but to continue work and did not give his consent to the danger
Private nuisance: what is the aim of damages?
To put C back into the position they were in before the damage/loss had occurred
Private nuisance: why would C want to claim damages in private nuisance?
- Physical damage to the land
- Personal discomfort/inconvenience
- If property has diminished in value
- Loss of amenity
Private nuisance: what is an injunction?
To stop D doing something or to make D do something
Private nuisance: when would an injection be most effective
To stop a continuous nuisance
Private nuisance: what is an abatement?
Where the claimant rectifies the nuisance himself and is a self-help remedy. The claimant has the right to take reasonable steps to deal with any nuisance himself
Public nuisance: definition
‘…something which materially affects the reasonable comfort and convenience of life of a class of her Majesty’s subjects’
Public nuisance: what was the case the definition was laid out in?
Attorney General v PYA Quarries
Public nuisance: two elements
1) The nuisance must affect the public or a section of the public. This is known as a ‘class of people’
2) For an individual to bring an action in tort, he must suffer ‘special damage’ over and above that of other members of the public. The damage must be direct and substantial
Public nuisance: examples
- Obstruction to a highway
- A protest
- Noise and traffic disruptions at a badly organised event