Tort of Private Nuisance and Rylands V Fletcher

Question 1

What is Private nuisance?

Answer 1

is unlawful (unreasonable) interference with the claimant’s use or enjoyment of his land.

Question 2

Hunter v Canary Wharf, this can occur in three ways?

Answer 2

1) Through encroachment
2) By direct physical injury to the land
3) By interfering with the claimant’s enjoyment of his land.

Question 3

What is Through encroachment and case?

Answer 3

something coming to your land
-Davey v Harrow Corporation

Question 4

What is By direct physical injury to the land?

Answer 4

• Leakey v National Trust where there was debris from a landslide

Question 5

What is interfering with the claimant’s enjoyment of his land?

Answer 5

-(Christie v Davey) noises

Question 6

What are things court does not allow in tort of nuisance?

Answer 6

claimant is seeking to protect ‘things of delight’ i.e. personal pleasures.
-(Hunter v Canary Wharf)-Having good television reception

Question 7

What must a Claimant have ?

Answer 7

The claimant, therefore, must have a legal interest in the land
-Khorasandjan v Bush

Question 8

What happened in Khorasandjan v Bush?

Answer 8

claimant in Khorasand would not be able to claim under the tort of nuisance as she merely lived in the house, and did not have any legal right in the land.

Question 9

Characteristic of Defendant?

Answer 9

Defendant will normally be the creator of the nuisance,
For example, in Christie v Davey-made noise

Question 10

What are the factors of Unlawful interference?

Answer 10

Locality
Frequency and Duration
Abnormal Sensitivity
Malice

Question 11

What is Locality?

Answer 11

Sturges v Bridgman declared that “what may be a nuisance in Belgrave Square may not be so in Bermondsey”-an activity may be a nuisance in a quiet, residential area, but the same activity may be perfectly reasonable on an industrial estate.

Question 12

What is Frequency and Duration?

Answer 12

Miller v Jackson-cricket balls frequently being hit into their garden on the other hand Bolton v Stone-Claim failed because only once every 5 years

Question 13

What is Abnormal Sensitivity?

Answer 13

Claimant is extra sensitive then Defendant will not succeed because Defendant does not have to be extra careful to the sensitive standards.The standard of tolerance in that of the reasonable neighbour not someone
-Robinson v Kilvert (1889) Brown paper bags were sensitive so the claim was successful

Question 14

What is Malice?

Answer 14

Defendant acts deliberately out of spite in order to annoy the claimant, then his activity is likely to be considered unreasonable. -Christie v Davey (1892) deliberately tried to disrupt these lessons by banging on trays, hammering on the wall etc.

Question 15

Defences for Tort of Private Nuisance?

Answer 15

-Consent and contributory negligence will apply
-Statutory Authority
-Prescription

Question 16

What is Statutory Authority?

Answer 16

Act of Parliament authorises an activity, and that activity necessarily involves creating a nuisance
-Allen v Gulf Oil

Question 17

What is Prescription

Answer 17

defendant has been creating the nuisance for 20 years, and the complainant has not complained
-Sturges v Bridgman.

Question 18

What are Remedies?

Answer 18

(A) Damages-physical damage has occurred, damages may be awarded, following the same rules as in the tort of negligence.
(B) Injunctions-court telling the defendant either to end or to modify his activity.
C) Abatement-claimant is allowed to take reasonable steps to end the nuisance e.g. cutting down overhanging branches

Question 19

What did Rylands v Fletcher stated?

Answer 19

stated a person liable for things that escape from his land and cause damage to another.

Question 20

What are the claimant and defendant in Rylands v Fletcher?

Answer 20

the claimant must have an interest in the land. The defendant must control the land from which the escape occurs.

Question 21

What are the 4 elements to prove Rylands v Fletcher?

Answer 21

•Bring on to land
•Anything likely to do mischief
•Non-natural use
• If it escapes

Question 22

What is Bring on to land?

Answer 22

D must bring whatever causes the harm on to his land
-Giles v Walker-thistles grew on land rather brought onto land

Question 23

What is Anything likely to do mischief?

Answer 23

Thing accumulated must be dangerous (likely to do mischief) if it escapes.
-The requirement that this mischief is “likely” has been interpreted to mean
“reasonably foreseeable”.

Question 24

What is Non-natural use?

Answer 24

•The object is of “non natural use”
•non-natural as meaning “extraordinary and unusual”
-If D for e.g. keeps chemicals to help with factory then the use or lands is natural

Question 25

What is if it escapes?

Answer 25

The thing must escape and cause damage on the land of another

Question 26

Defences for Rylands v Fletcher?

Answer 26

•volenti non fit inuria and contributory negligence, •Act of Stranger-damage is caused by the deliberate and unforeseeable act of a stranger •Act of God-defence is available where an unforeseeable natural event occurs.