Torts connected to land Flashcards
What is public nuisance?
Where a group of people affected by the use of land in the locality
What is private nuisance?
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
What are 3 examples of an indirect interference?
Smells
Noise
A brothel
What can you not claim for under private nuisance?
Personal injury (Malone v Laskey)
What must the claimant have?
An interest in the land (owner) and it can’t be the owners family
What is the case and held for the claimant?
McKenna v British Aluminium
What 4 things must be needed for the claimant to sue?
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
What 3 issues affect reasonableness?
Locality
Duration
Malice of D
What does locality mean?
More noise is expected in an industrial or business area and less noise is expected in a residential are
What does duration mean and case?
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
What does malice from D mean and case?
If D acted maliciously (deliberately unlawful), their behaviours will be more likely to be classed as a nuisance
Hollywood silver fox farm
What also must be taken into account for private nuisance?
Must be reasonable and the sensitivity of claimant taken into account
What are the 6 possible relevant defences?
Prescription
Consent
Statutory authority
Local authority planning permission
Moving to the nuisance
Social benefit
What does prescription mean?
20 years without complaint then interference cannot be a nuisance
What does consent mean?
If they consented to the nuisance- full defence
What does statutory authority mean and case?
No nuisance if the interference was authorised by an act of parliament
Allen v Gulf oil
What does local authority planing permission mean and case?
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
What does moving to the nuisance mean and case?
Not a defence if you move to the nuisance
Miller v Jackson
What does social benefit mean and case?
If there is a social benefit it may have an impact on remedies but not a defence
Miller v Jackson
What are the 3 remedies that can be used for nuisance with cases?
Damages (Coventry v Lawrence)
Injunctions
Abatement
What is an injunction?
Ordering D to stop the nuisance
What is an abatement?
Enter D’s property to prevent further nuisance
What is the AO2 structure for nuisance?
Occupier and why
Interest
Claimant and why
Behaviour interfered?
Physical damage?
Defences?
Conclusion and remedies
What 4 things are needed for a Rylands v Fletcher case?
Brought and accumulated
Cause mischief if escapes
Non-natural use of land
Escape from land D owns causes foreseeable damage
What is the case for bringing and accumulated?
Giles v Walker and it cannot accumulate naturally
What is the case for cause mischief if escapes?
Hale v Jennings bros
Damage foreseeable?
What is the case for non-natural use of land?
Transco v Stockport- extraordinary or unusual use of the land
What is the case for escape from land D owns causes foreseeable damage?
Ponting v Noakes
What can you not claim for under Roland’s v Fletcher?
Personal injury- Transco
What are the 6 defences for Rylands v Fletcher?
Consent
Contributory negligence
Act of god (Greenock)
Act of stranger (Perry v Kendrick)
Statutory authority
Common benefit (Dunne v NW Gas Board)
What is the rule for remedies under Rylands v Fletcher?
Damages but must mitigate losses
What is the AO2 structure for Rylands v Fletcher?
Identify D
Identity C
Has D brought onto land and accumulated
Unusual use of land?
Harm foreseeable?
Defences?
Conclude and remedies
