Public Nuisance (includes Rylands v Fletcher) Flashcards
What are the 3 elements?
1- There is a PN
2- Class of P’s so widespread/indiscriminate in effect that it would be unreasonable to expect 1 P to take proceeds and instead it should be taken on by the community at large
(PYA Quarries)
3- Nuisance foreseeable consequence of D’s conduct (Wagonmound)
Who are the 2 ‘people that can sue for PN?
1- AG
2- Private individual suffering special damages above public generally (Esso)
What are the DEFENCES?
1- Statutory Authority (Allen)
2- Act of God (Sedleigh)
3- Consent (Sturgess)
4- Outside trespasser (Sedleigh)
What are the REMEDIES?
1- Injunction to reduce level/time to balance social interests of D’s activity (DEFAULT) (Esso)
2 - Damages, if the injury is: small, can be estimated, can be adequately compensated by small payment, if oppressive to grant an injunction (Sheffer)
3- Court orders (BNZ order to pay for blinds)
RYLANDS V FLETCHER
What are the 4 elements?
1- Collection of something likely to give rise to exceptionally high risk of danger/mischief should there be an escape (Transco)
2- Mischief ESCAPES which causes damage (Lyons) no escape if stays on D’s property
3- Non-ordinary use of land
4- Damage caused by escape foreseeable. Method of escape does not have to be foreseeable. STRICT LIABILITY
Element 3
How is non-ordinary use of land determined?
1- Special use bringing increased danger. Contextual on time,/season, war/burnoff in summer. (Rickards)
2- Storage of chemicals (Cambridge)
Element 3
What are the defences to Non-Ordinary Use of Land?
1- Mischief is not non-natural (Easton)
2- Required by statute but done with due care (Transco)
Element 4
How is the foreseeability of the damage by the ESCAPE determined?
STRICT LIABILITY
What are the 2 DEFENCES?
1- Act of God
2- 3rd Party interference without knowledge (Lothian)
What is the REMEDY?
1- Compensatory damage for injury to land
PLUS P’ reasonable costs of prevention (NZ Forest)
