Private Nuisance & Rylands v Fletcher Flashcards

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1
Q

Private nuisance is defined as ‘an u_______ indirect i_________ with a person’s u__ or e________ of land coming from a neighbouring land’. (Winfield & Jalowicz)

A

Unlawful, interference, use, enjoyment

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2
Q

What are the 3 types of nuisance?

A

Loss of amenity
Material damage
Loss of value to land

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3
Q

What are the two parties to an action? And what qualifies each one?

A

Claimant - must have a proprietary interest in the land (Hunter v Canary Wharf)
Defendant - creates/authorises the nuisance (Tetley v Chitty)

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4
Q

What does ‘unlawful’ mean?

A

Unreasonable

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5
Q

What are the 3 main “unreasonableness factors”?

A

Locality, duration, degree of interference

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6
Q

What must be considered for locality in private nuisance?

A

The character of the neighbourhood eg. Residential, commercial, industrial

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7
Q

Where does the ruling ‘What would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey’ come from?

A

Thesiger LJ in Sturges v Bridgman

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8
Q

What counted as a nuisance in Crown River Cruises v Kimbolton Firework Ltd.?

A

A single 20 minute firework display which set a river barge alight

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9
Q

What is more likely to make the duration of a nuisance unreasonable?

A

Continuous/for long periods of time, carried out at unreasonable hours of the day (early morning & evenings)

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10
Q

In which case was damage to the defendant’s special paper not awarded with an injunction and why?

A

Robinson v Kilvert - the court ruled that normal paper would not have dried out, so it was not awarded

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11
Q

What does the case Hollywood Silver Fox Farm v Emmett tell us about malice?

A

A deliberate harmful act will normally been seen as unreasonable nuisance

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12
Q

What happened in Christie v Davey?

A

D was annoyed at C, who held music lessons in their house. D responded by banging on the walls, shouting and blowing whistles. This was deemed deliberate and malicious

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13
Q

How might social utility affect a nuisance claim?

A

If the defendant is providing a benefit to the community, their actions may be seen as reasonable (Miller v Jackson). It may also affect the remedy

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14
Q

What was the nuisance in Laws v Florinplace Ltd.?

A

A sex shop was set up in a fairly residential location, and this was seen as unreasonable in terms of locality

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15
Q

What was not considered a loss of amenity in Hunter v Canary Wharf Ltd.?

A

Interference with television reception

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16
Q

Give two examples of loss of amenity

A

Fumes, smells from farms, loud noises

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17
Q

Give two examples of material damage

A

Oily smuts from chimneys, fire, cricket balls being hit into a garden

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18
Q

Which case can be used to illustrate loss of amenity and loss of value to land, and what are the facts of this case?

A

Dennis v MOD - claimed due to the noise from the neighbouring RAF base. They were awarded damages but not an injunction due to the social utility of the base.

19
Q

Degree of interference: ‘Does the nuisance materially i________ with o_______ existance’? (W____ v Selfe)

A

Interfere, ordinary, (Walter v Selfe)

20
Q

Where physical damage occurs, l_____ is i_________. (St Helens Smelting Co. v Tipping)

A

Locality, irrelevant

21
Q

What is the defence of prescription in private nuisance?

A

Where an actionable nuisance has occurred for at least 20 years without complaint (Sturges v Bridgman)

22
Q

What is NOT a defence in private nuisance?

A

Coming to the nuisance (Miller v Jackson)

23
Q

In which case was a partial injunction given which limited the frequency of powerboat racing?

A

Kennaway v Thompson

24
Q

How might planning permission affect an action in private nuisance?

A

Dependant on whether the permission has changed the character of the locality, so what was once unreasonable becomes acceptable in the new locality - depend on nature of permission and scale of operation

25
Q

What is the first element needed to be proved in Rylands v Fletcher?

A

The bringing onto the land and accumulating

26
Q

True or false: a person will be liable for things that naturally accumulate on their land

A

False: Ellison v MOD - rainwater which caused flooding on neighbouring land accumlated naturally, so there was no liability

27
Q

What is the second element in Rylands v Fletcher?

A

Of a thing likely to cause mischief if it escapes

28
Q

Which rule does the case of Musgrove v Pandelis illustrate?

A

It is not the escape that must be likely, but that mischief (damage) is likely if the thing does escape

29
Q

Transco Plc v Stockport BC - the accumulated substance should be something that poses an ‘e_______ risk’ if it escapes.

A

Exceptional

30
Q

In Rylands v Fletcher, the thing that escapes does not have to be d_________.

A

Dangerous

31
Q

How is a ‘non-natural use of land’ defined in Rickards v Lothian?

A

‘Some special use bringing with it increased danger to others’.

32
Q

What 3 things should be taken into account according to Mason v Levy Auto Parts regarding a non-natural use of land?

A

Quantity of material stored, manner in which it is stored, character of the neighbourhood

33
Q

How is ‘non-natural’ defined in Transco?

A

‘Extraordinary and unusual’

34
Q

What is the fourth requirement for Rylands v Fletcher?

A

The thing must actually escape

35
Q

In which case did shells in a muntitions factory explode, and why was there no liability under Rylands v Fletcher?

A

Read v J. Lyons & Co Ltd. - there was no escape from their property, therefore no liability

36
Q

Escape means: ‘from a place where D has o________ or control over the land to a place outside his o_______ or control’ (Viscount S____)

A

Occupation (x2), (Viscount Simon)

37
Q

What happened in Hale v Jenning Brothers and which requirement of Rylands v Fletcher does this support?

A

A ‘chair-o-plane’ ride became detatched and injured another stallholder - the thing must actually escape (#4)

38
Q

What is the fifth element needed for Rylands v Fletcher?

A

The thing must be a source of foreseeable damage if it does escape

39
Q

Why were the defendants not liable in Cambridge Water Co. v Eastern Counties Leather Plc?

A

It was not reasonably foreseeable that the water supply would become contaminated

40
Q

What can’t a claimant sue for in Rylands v Fletcher, and what must they have?

A

Personal injury, must have a proprietary interest in the land

41
Q

What is the defence of act of a stranger and what case supports this?

A

Where a stranger over whom D has no control has caused the thing to escape, there may be no liability. Perry v Kendricks Transport Ltd - a stranger removed a petrol cap and threw a match into the tank, which ignited fumes

42
Q

Act of God - where there are e______ weather conditions that ‘no h____ f________ can provide against’

A

Extreme, human foresight

43
Q

In which case did freak thunderstorms causing artificial lakes to flood and destroy the bridges on C’s land amount to an Act of God and therefore dissolve liability?

A

Nichols v Marsland

44
Q

What case can be used to support the defence of planning permission?

A

Gillingham BC v Medway - where a residential area was changed into a commercial port