Tort Law: Private Nuisance + Rylands V Fletcher

Question 1

What is private nuisance?

Answer 1

An unlawful indirect interference with a persons use or employment of land coming from neighbouring land.

Question 2

What are the two main types of private nuisance?

Answer 2

• Loss of amenity nuisance when caused by noise smell or smoke
• material damage nuisance when a dangerous state of affairs on the defendants land causes sufficient physical damage to the claimant land

Question 3

Describe the parties to own action

Answer 3

• Nuisance involves the competing rights of the neighbour to use of their land.
• the claimant must have an interest in the land eg. tenant

Question 4

Describe the elements of private nuisance..

Answer 4

unlawful= the courts accepts that the defendant s use of land is unreasonable in away that affects the claimant
indirect interference = fairness , smell , noise ,fire

Question 5

What are the factors of reasonableness?

Answer 5

Locality- whether the nuisance is situated in an area that is residential/commercial/industrial.
- Duration of interference - the interference needs to be continuous and carry on at unreasonable hours as shown in crown river court cruises v Kimbolton fireworks 1996
- Sensitivity of the claimant - if the claimant is particularity sensitive , there may not be a nuisance
- Malice - deliberate harmful act are normally unreasonable behaviour and considered a nuisance as shown in Hollywood Silver for farm v Emmett 1936

Question 6

What are the defences for private nuisance?

Answer 6

• Prescription - if the nuisance has been carrying on for at least 20 years without complaint so the defendant has a prescriptive right to continue as shown in Sturges v Bridgeman 1879
• Moving to the nuisance - Defendant may argue that the claimant is only suffering the nuisance as they moved closer to the alleged problem as shown in the Miller v Jackson ( wont give a defence to the defendant)
  -Statutory authority as shown in Coventry v Lawrence 2014

Question 7

What are the remedies for private nuisance?

Answer 7

injunction - Ordering the defendant to stop causing the nuisance as shown in Shefter v city of London electric lighting co 1895
- Open for defendant to argue that an award of damages would be a suitable alternative

Question 8

What are the four elements of the tort of rylands v Fletcher 1868?

Answer 8

• The … onto the land and an accumulation - it is not naturally present as shown in Gles v Walker 1890
• The thing is likely to do mischief if it escapes is foreseeable
• which amounts to non natural use of the land - unusual use as shown in Rickards v Lotuiam 1913
• Which does escape and causes reasonably foreseeable damage to adjoining property as shown in Read v T Lyorisand co 1947

Question 9

What is acting in the course of employment?

Answer 9

• In order for the employer to be liable , the employee has to commit the tort in course of the employment which is decided by the court
  = The employee is carrying the expressly authorised acts as shown in Poland v Parr
  = The employee does an authorised act in a unauthorised way ads shown in Limpus v London General

Question 10

What is considered not in course of employment?

Answer 10

• Acting outside the scope of their employment as shown in Beard v London General Omnibus 1900
• Giving unauthorised lifts as shown in Twelve v Beans