Tort 9 - Nuisance Flashcards
What is private nuisance?
A continuous and unreasonable interference with the use or enjoyment of land.
Who can sue for private nuisance?
A claimant with a proprietary or possessory interest in the land (e.g., owner, leaseholder).
What is private nuisance?
A continuous and unreasonable interference with the use or enjoyment of land.
Who can sue for private nuisance?
A claimant with a proprietary or possessory interest in the land (e.g., owner, leaseholder).
Who can be sued for private nuisance?
The creator of the nuisance, occupier of land, or owner (in some circumstances).
What are the four key elements of private nuisance?
- Indirect interference
- Recognised damage
- Continuous act
- Unlawful interference
What types of loss are recognised in private nuisance?
Physical damage and sensible personal discomfort (SPD); not personal injury.
What makes interference ‘unlawful’ in nuisance?
Assessed through balancing: time/duration, locality, malice, sensitivity, care, public benefit.
Does planning permission authorise nuisance?
No – but it may be relevant to the assessment of unreasonableness or remedies.
What are key defences to private nuisance?
20 years’ prescription, statutory authority, consent, contributory negligence, act of third party, act of God, necessity.
Is ‘coming to the nuisance’ a valid defence?
No – a defendant can’t argue that the claimant moved into the nuisance.
What remedies are available in private nuisance?
Injunction (full or partial), damages (physical loss or SPD), abatement (self-help).
What is public nuisance?
An act or omission affecting a class of Her Majesty’s subjects; both a crime and tort.
Who can sue for public nuisance?
Individuals with special damage, local authorities, or the Attorney General.
What are the elements of public nuisance?
- Act or omission
- One-off or continuous
- Affected class
- Material impact on comfort/convenience
Can personal injury and economic loss be claimed under public nuisance?
Yes, unlike private nuisance.
What are defences to public nuisance?
Same as private nuisance, but prescription is not a defence.
What are the remedies in public nuisance claims?
Injunctions and damages. If AG/local authority brings the claim, only injunctions apply.
What does Rylands v Fletcher protect against?
Escape of dangerous things from D’s land causing foreseeable damage.
Who can sue under Rylands v Fletcher?
Only someone with a proprietary interest in land.
What are the 5 elements of a Rylands v Fletcher claim?
- Accumulation
- Dangerous thing
- Escape
- Foreseeable harm
- Non-natural use
What counts as a ‘non-natural’ use of land?
Use that is extraordinary or unusual given the area – assessed flexibly.
What are defences under Rylands v Fletcher?
Common benefit, consent, statutory authority, act of third party, act of God, default of claimant, contributory negligence.
What remedies are available under Rylands v Fletcher?
Damages are common; injunctions available as in private nuisance.
