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Law Paper 2- Tort > Torts connected to land > Flashcards

Torts connected to land Flashcards

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1
Q

What is public nuisance?

A

Where a group of people affected by the use of land in the locality

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2
Q

What is private nuisance?

A

Where an action will be taken as there has been an unlawful interference with a persons use or enjoyment of land coming from neighbouring land

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3
Q

What are 3 examples of an indirect interference?

A

Smells
Noise
A brothel

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4
Q

What can you not claim for under private nuisance?

A

Personal injury (Malone v Laskey)

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5
Q

What must the claimant have?

A

An interest in the land (owner) and it can’t be the owners family

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6
Q

What is the case and held for the claimant?

A

McKenna v British Aluminium

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7
Q

What 4 things must be needed for the claimant to sue?

A

Interest in the land affected
Indirect and unreasonable and interference with the enjoyment of land
Physical damage is likely to be a nuisance
Issues which affect reasonableness

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8
Q

What 3 issues affect reasonableness?

A

Locality
Duration
Malice of D

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9
Q

What does locality mean?

A

More noise is expected in an industrial or business area and less noise is expected in a residential are

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10
Q

What does duration mean and case?

A

The longer lasting the nuisance, the more likely it will be regarded as a nuisance for example if it is continuous
Crown river cruises v kimbolton

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11
Q

What does malice from D mean and case?

A

If D acted maliciously (deliberately unlawful), their behaviours will be more likely to be classed as a nuisance
Hollywood silver fox farm

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12
Q

What also must be taken into account for private nuisance?

A

Must be reasonable and the sensitivity of claimant taken into account

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13
Q

What are the 6 possible relevant defences?

A

Prescription
Consent
Statutory authority
Local authority planning permission
Moving to the nuisance
Social benefit

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14
Q

What does prescription mean?

A

20 years without complaint then interference cannot be a nuisance

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15
Q

What does consent mean?

A

If they consented to the nuisance- full defence

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16
Q

What does statutory authority mean and case?

A

No nuisance if the interference was authorised by an act of parliament
Allen v Gulf oil

17
Q

What does local authority planing permission mean and case?

A

No nuisance if you have planning permission but can change depending on the character of the area deciding if it is reasonable or not
Gillingham Council v Medway Dock

18
Q

What does moving to the nuisance mean and case?

A

Not a defence if you move to the nuisance
Miller v Jackson

19
Q

What does social benefit mean and case?

A

If there is a social benefit it may have an impact on remedies but not a defence
Miller v Jackson

20
Q

What are the 3 remedies that can be used for nuisance with cases?

A

Damages (Coventry v Lawrence)
Injunctions
Abatement

21
Q

What is an injunction?

A

Ordering D to stop the nuisance

22
Q

What is an abatement?

A

Enter D’s property to prevent further nuisance

23
Q

What is the AO2 structure for nuisance?

A

Occupier and why
Interest
Claimant and why
Behaviour interfered?
Physical damage?
Defences?
Conclusion and remedies

24
Q

What 4 things are needed for a Rylands v Fletcher case?

A

Brought and accumulated
Cause mischief if escapes
Non-natural use of land
Escape from land D owns causes foreseeable damage

25
Q

What is the case for bringing and accumulated?

A

Giles v Walker and it cannot accumulate naturally

26
Q

What is the case for cause mischief if escapes?

A

Hale v Jennings bros
Damage foreseeable?

27
Q

What is the case for non-natural use of land?

A

Transco v Stockport- extraordinary or unusual use of the land

28
Q

What is the case for escape from land D owns causes foreseeable damage?

A

Ponting v Noakes

29
Q

What can you not claim for under Roland’s v Fletcher?

A

Personal injury- Transco

30
Q

What are the 6 defences for Rylands v Fletcher?

A

Consent
Contributory negligence
Act of god (Greenock)
Act of stranger (Perry v Kendrick)
Statutory authority
Common benefit (Dunne v NW Gas Board)

31
Q

What is the rule for remedies under Rylands v Fletcher?

A

Damages but must mitigate losses

32
Q

What is the AO2 structure for Rylands v Fletcher?

A

Identify D
Identity C
Has D brought onto land and accumulated
Unusual use of land?
Harm foreseeable?
Defences?
Conclude and remedies

Law Paper 2- Tort (5 decks)

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