Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Tort 1 > Session 3 - land-based torts/ occupiers’ and product liability > Flashcards

Session 3 - land-based torts/ occupiers’ and product liability Flashcards

1
Q

The four land-based torts are:

A
  1. private nuisance
  2. public nuisance
  3. rule in Roland’s and Fletcher
  4. Trespass to Land
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is private nuisance??

A

any continuous activity or state of affairs causing a substantial and unreasonable interference with C’s land or their use or enjoyment of that land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who can sue under a private nuisance claim?

A

person with processionally or proprietary interest in land affected

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who can be sued under a private nuisance claim?

A
  • creator of nuisance
  • occupier of the land
  • owner of the land (eg landlords by tenant’s nuisance)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Examples/ factors of a claim in private nuisance

A
  1. indirect interference
    - sounds/ smell
    - contrasted w direct interference eg trespass to land
  2. recognised damage
    - must be reasonably foreseeable
    - physical damage to property
    - consequential economic loss
  3. continuous act
  4. unlawful interference
    - time and location
    - locality
    - malice
    - lack of care
    - excessive behaviour
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Defences of a private nuisance claim

A
  1. prescription: (if D has been carrying out that activity for 20 years or more and its been an actionable nuisance for 20 years or more, then they have the right to carry own, but it had to be an actionable nuisance for 20 years.)
  2. statutory authority
  3. consent
  4. act of third party
  5. act of god
  6. Contributory negligence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Remedies of a private nuisance claim

A
  1. damages
  2. injunctions - most common remedy/ might grant grant a partial injunction
  3. abatement - self-help remedy where the claimant can go to D’s land to put a stop to the nuisance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Meaning of public nuisance

A

an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who can sue in a public nuisance claim?

A
  • individual (only if they differed special damage)
  • local authority - on behalf of class of people
  • Attorney General ^
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who can be sued in a public nuisance claim?

A

person who is creating nuisance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Elements of public nuisance

A
  1. One-off event - doesn’t have to be a continuous activity
  2. Class of his Majesty’s Subjects
  3. Materially affects comfort and convenience
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Defences of a public nuisance claim

A
  • statutory authority
  • consent
  • act of a third party
  • act of god
  • contributory negligence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Remedies of a public nuisance claim

A
  • injunction
  • damages (only for special damage)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the rule of Roland’s v Fletcher?

A

A type or private nuisance tort - where D brings onto their land anything thats likely to cause forseeable damage due to the non-natural use of it, IF it were to escape the land and go onto C’s land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is generally the most approriate remedy in a Rylands v Fletcher Tort?

A

Damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the defences available to D for a tort on Rylands v Fletcher? (6 things)

A
  • Act of a stranger (someone else unforeseeably did it)
  • Contributory negligence (Damages may be reduced but still liable)
  • Statutory authority (it comes under statute its allowed)
  • caused wholly by C
  • Common benefit (if C obtained some use/benefit of the use)
  • Act of God
15
Q

What are the 5 conditions that MUST be met for a Rylands v Fletcher claim to be brought? (a land tort)

A
  1. D brings onto their land
  2. The substance is anything that is likely to cause mischief/damage if it escapes
  3. D’s use of non-natural use of the land (so the substance use should be extremely unnusual, i.e. not common)
  4. Substance must escape from the land D has control of to the C’s (doesnt matter if D doesnt actually OWN that land, if they have license to use it then this tort will suffice)
  5. Substance must cause damage that would’ve been reasonably foreseeable that if it escaped it would cause damage
15
Q

In a tort under Rylands v Fletcher (a type or private nuisance land tort) if D doesn’t actually own the land then is D liable?

A

YES, D doesnt have to own land even if they have the license to use it they can still be liable

16
Q

Can damages for personal injury be brought under rylands v fletcher tort? (a land tort)

A

No, only Sensible Personal Discomfort or actual physical damage to land (same as a private nuisance as this tort is a for of private nuisance)

17
Q

A homeowner secures planning permission to build a large extension to their home which is in a residential area.
They engage builders who work 12 hours a day Monday to Friday to ensure the project is completed in accordance with the homeowner’s time scale of 5 months. The adjoining property owners are unable to enjoy their garden or even open the windows for 12 hours a day because of the noise and vibrations from the building works.
Which of the following statements is the best advice to give the adjoining property owners about the prospects of a claim in private nuisance succeeding against the homeowner?

a)A claim for private nuisance is likely to fail because the planning permission may have altered the character of the area so that the interference is not deemed unreasonable.

b) It is highly likely that a claim for private nuisance will be unsuccessful because the homewoner can produce evidence of planning permission for this activity.

c) A claim for private nuisance is likely to fail because the planning permission allows the homeowner to rely on the defence of lawful authority which will negate any private nuisance claim brought.

d) A claim for private nuisance might succeed, irrespective of the planning permission, if the interference is deemed unreasonable.
B

e) A claim for private nuisance will be successful if the terms of fue planning permission have been breached.

A

D

18
Q

Elements of authority and permission to visitors under OLA 1957

A
  1. express permission
    - invitation for dinner BUT this is also limited to a condition eg area, time or purpose
  2. Implied permission
    - eg postman
  3. doctrine of allurement
    - additional duty of care from occupier eg A swimming pool in a backyard that is not properly secured with a fence or cover can be an allurement for children to enter the property and potentially drown.
  4. Lawful authority
    - emergency services
  5. contractual permission
18
Q

Meaning of Occupier’s Liability

A

loss caused by the state or condition of the premises or things done or omitted to be done during the occupation of such premises

19
Q

Under OLA 1957 - duty of care

A
  • duty of care owed to ALL visitors = personal injury or property damage
20
Q

Standard of care for occupiers under OLA 1957

A
  • its the visitor that has to be safe not the premises
  • a higher standard of care is applied to children
  • expect less of occupiers in relation to skilled visitors eg electricians
20
Q

Defences for occupiers under OLA 1957

A
  • consent
  • contributory negligence
21
Q

Remedies under OLA 1957 and 1984

A

Damages

22
Q

A school is building a new sports hall on its grounds. It has contracted with a building firm ti build it. The builders leave the building site for lunch. There is an uncovered hole on the building site. There is a sign at the entrance to the building site which states ‘Be careful - building work in progress’. A pupil, who does not notice the sign, falls into the hole, breaking their leg.

Which is the most accurate statement explaining who the pupil can bring a claim against in the tort of occupiers’ liability?

a. the building firm only, as it has the most control over the premises and is therefore the occupier

b. the building only, as it has a sufficient degree of control over the premises and is therefore the occupier

c. the school and the building firm. Both have a sufficient degree of control over the premises and are therefore joint occupiers

d. the school only, as it owns the premises and its therefore the occupier

e. the school only, as it has a sufficient degree of control over the premises and is therefore the occupier

A

C
independent contractors have sufficient degree of control over the premises

23
Q

What can the claimant claim under a product liability claim?

A
  • Consumer Protection Act 1987 (CPA)
  • Liability in negligence
24
Q

to establish liability under the CPA, there needs to be… (4 things)

A
  1. a product
  2. with a defect
  3. causes damages
  4. persons who are liable
25
Q

What is a product under the CPA?

A
  • any goods or electricity
  • any component or raw material comprised in another product
26
Q

Can damage (death, personal injury and loss of or damage to property) be recovered under CPA?

A

yes

27
Q

Can economic loss be recovered under CPA?

A

yes

28
Q

Can pure economic loss be recovered under CPA?

A

No

29
Q

What is the amount limit for a claim to be brought?

A

£275

30
Q

Can claim for damage to property be brought?

A

No, UNLESS the property is ordinality intended for private use/ occupation/ consumption

31
Q

Who is liable for damage under CPA?

A
  • The person who produced the product or held themselves as producer
  • Any person who has imported the product into the UK from outside the UK in the course of business
32
Q

Defences to a CPA claim

A
  • Contributory negligence as normal
  • Defect didn’t exist at the time it was sold
  • D didnt supply the product in the course of business e.g. they gave it to a friend
  • Defect arose by something C did
33
Q

A man buys a bicycle costing £500 new from a retailer of sports equipment and cycles home. The front wheel falls off and he is thrown over the handlebars. He suffers a broken arm. His personal injury is valued at £150. His watch is broken - it has been valued at £300.

Assuming liability can be established under the Consumer Protection Act 1987 (CPA), which of these losses can he recover under that Act?

Select one alternative:

A. The man can recover damages for his personal injury and damaged watch.

B. The man can recover damages for his personal injury only.

C. The man can recover damages for the damaged bicycle only.

D. The man can recover damages for his personal injury, damaged watch and damaged bicycle.

E. The man can recover damages for his damaged watch only.

A

A

34
Q

What Defences does a D in a product liability claim have?

A

Consent
Contributory negligence

Tort 1 (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions