Torts Relating To Land

Question 1

What is private nuisance?

Answer 1

Private nuisance is the most significant land-based tort, based on the use of one’s land that causes an interference with the use or enjoyment of another’s land.

Question 2

What is the key definition of private nuisance?

Answer 2

Any continuous activity or state of affairs causing a substantial and unreasonable interference with a claimant’s land or their use or enjoyment of that land.

Question 3

What preliminaries must be considered before learning about private nuisance elements?

Answer 3

1. Who can sue in private nuisance? 2. Who can be sued in private nuisance?

Question 4

Who can sue in private nuisance?

Answer 4

The claimant must have a legal interest in the land, such as a possessionary or proprietary interest (e.g., freehold or leasehold). Mere permission to use or occupy land is insufficient.

Question 5

What was the key case regarding who can sue in private nuisance?

Answer 5

In Hunter and Others v Canary Wharf Ltd [1997] AC 655, claims failed for those without a legal interest in the affected land.

Question 6

Who can be sued in private nuisance?

Answer 6

1. Creator of the nuisance; 2. Occupier of the land from which the nuisance originates; 3. Owner of the land.

Question 7

Can the creator of the nuisance be sued?

Answer 7

Yes, the creator of the nuisance can be sued even if they are not in a position to end it.

Question 8

What is the usual defendant in a private nuisance case?

Answer 8

The usual defendant is the occupier of the land from where the nuisance originates.

Question 9

Under what circumstances can an occupier be liable for nuisances created by independent contractors?

Answer 9

An occupier may be liable if the nuisance caused by contractors is foreseeable and results in significant interference.

Question 10

What is an example of an occupier being liable for a nuisance created by a trespasser?

Answer 10

In Sedleigh-Denfield v O’Callaghan [1940] AC 880, the occupier was liable for a nuisance caused by a water pipe unlawfully placed by a local authority.

Question 11

Can occupiers be liable for naturally occurring nuisances?

Answer 11

Yes, occupiers may be liable for naturally occurring nuisances if they knew or ought to have known of the danger and failed to take reasonable steps to abate it.

Question 12

What is the exception for landlords in private nuisance cases?

Answer 12

A landlord is not usually liable unless they authorized the nuisance or leased the property in circumstances where the nuisance was a high probability.

Question 13

What are the four elements of private nuisance?

Answer 13

1. Indirect interference; 2. Recognised damage; 3. Continuous act; 4. Unlawful interference.

Question 14

What is indirect interference in private nuisance?

Answer 14

Indirect interference involves intangible effects like sounds, smells, fumes, and vibrations affecting the claimant’s use or enjoyment of their land.

Question 15

What types of damage are recognized in private nuisance?

Answer 15

1. Physical damage to property; 2. Sensible personal discomfort (SPD) affecting the enjoyment of land.

Question 16

What must the claimant establish regarding damage in private nuisance?

Answer 16

The claimant must show that the damage was reasonably foreseeable and more than trivial.

Question 17

What is the general rule regarding the continuity of the nuisance?

Answer 17

The nuisance must be continuous; a one-off isolated event is not normally actionable in private nuisance.

Question 18

What constitutes unlawful interference in private nuisance?

Answer 18

The interference must be unreasonable, balancing the defendant’s right to use their land against the claimant’s right to enjoy theirs.

Question 19

What is the significance of abnormal sensitivity in private nuisance claims?

Answer 19

A claimant with abnormally sensitive property cannot claim nuisance if the activity would not interfere with a reasonable occupier.

Question 20

What is the role of malice in private nuisance cases?

Answer 20

If the defendant’s actions are solely to annoy the claimant, this may constitute a nuisance, as seen in Christie v Davey [1893] 1 Ch 316.

Question 21

How does lack of care factor into private nuisance claims?

Answer 21

A lack of care by the defendant may count in favor of the claimant, as seen in Andreae v Selfridge and Co Ltd [1938] Ch 1 (CA).

Question 22

What are the four elements that make up private nuisance?

Answer 22

The four elements are indirect interference, recognised damage, a continuous act, and unlawful interference.

Question 23

What is indirect interference in the context of private nuisance?

Answer 23

Indirect interference is a nuisance that starts on the defendant’s land but causes damage to the claimant’s use/enjoyment of their land.

Question 24

What types of losses are recognized in private nuisance?

Answer 24

Physical damage to property and special damages (SPD) are recognized losses in private nuisance.

Question 25

What does unlawful interference mean in private nuisance?

Answer 25

Unlawful interference means ‘unreasonable’ interference.

Question 26

What factors do courts consider when determining if a defendant’s use of land is reasonable?

Answer 26

The courts consider time and duration, locality, abnormal sensitivity, malice, lack of care, and excessive behaviour.

Question 27

What is the defence of 20 years’ prescription in private nuisance?

Answer 27

If the defendant’s activity has been an actionable nuisance for 20 years or more without a complaint, the defendant can continue the nuisance.

Question 28

What is the significance of the case Sturges in relation to 20 years’ prescription?

Answer 28

In Sturges, the nuisance only became apparent when the claimant’s consulting rooms were built, so the defence of prescription was not available.

Question 29

What is statutory authority as a defence in private nuisance?

Answer 29

If the defendant’s activity is authorized by statute and they exercise due care, they may escape liability for the nuisance.

Question 30

How does consent function as a defence in private nuisance?

Answer 30

If the claimant specifically agrees to the defendant causing the nuisance, that consent acts as a defence.

Question 31

What is contributory negligence in the context of private nuisance?

Answer 31

The usual rules of contributory negligence apply, where the claimant’s own actions contribute to the harm.

Question 32

What is the act of third party defence in private nuisance?

Answer 32

The defendant is not liable for nuisance created by a third party unless they adopt or continue the nuisance.

Question 33

What constitutes an act of God defence in private nuisance?

Answer 33

If the nuisance results from an act of God, the defendant is not liable unless they adopt or continue the nuisance.

Question 34

What is the necessity defence in private nuisance?

Answer 34

The usual principles apply which are considered in the Adapt element ‘Necessity’.

Question 35

What is the ineffective defence of ‘moving to the nuisance’?

Answer 35

Claimants cannot be barred from complaining about a nuisance that existed when they moved to their property.

Question 36

What remedies are available to a claimant in private nuisance?

Answer 36

The remedies are injunctions, damages, and abatement.

Question 37

What is an injunction in the context of private nuisance?

Answer 37

An injunction is a primary remedy for a continuing nuisance, which can be full or partial.

Question 38

What are damages in private nuisance?

Answer 38

Damages can be claimed for actual physical damage or consequential economic loss.

Question 39

What is abatement in private nuisance?

Answer 39

Abatement is a self-help remedy where the claimant takes reasonable steps to stop the nuisance.

Question 40

What is the structure for analyzing private nuisance?

Answer 40

Identify parties and tort, preliminaries, elements, defences, and remedies.

Question 41

What is public nuisance?

Answer 41

Public nuisance is a crime that may also be a tort affecting a section of the community or the community as a whole.

Question 42

What are the key areas regulated under public nuisance?

Answer 42

Key areas include pollution, noise, and public health measures.

Question 43

What is the key definition of public nuisance?

Answer 43

Acts or omissions of the defendant that materially affect the reasonable comfort and convenience of life of a class of Her Majesty’s subjects.

Question 44

What case provides the definition of public nuisance?

Answer 44

The definition comes from Attorney General v PYA Quarries [1957] 2 QB 169.

Question 45

What are the preliminaries to consider in public nuisance?

Answer 45

The preliminaries are: (1) Who can sue in public nuisance? (2) Who can be sued in public nuisance?

Question 46

Who can sue in public nuisance?

Answer 46

An individual, a Local Authority, or the Attorney General.

Question 47

What must an individual show to sue in public nuisance?

Answer 47

They must show that they have suffered ‘special damage’.

Question 48

What is ‘special damage’ in public nuisance?

Answer 48

‘Special damage’ means the claimant has suffered over and above the rest of the class or in a different way.

Question 49

What case illustrates an example of special damage?

Answer 49

Lyons Sons & Co v Gulliver [1914] 1 Ch 631, where a café’s trade was disrupted due to a queue outside.

Question 50

Who can be sued in public nuisance?

Answer 50

The creator of the nuisance or any person responsible for it, such as an owner or occupier.

Question 51

What are the elements of public nuisance?

Answer 51

The elements are: (1) Act or omission; (2) One-off event or continuous; (3) Class of His Majesty’s subjects; (4) Materially affects comfort and convenience.

Question 52

What does ‘act or omission’ mean in public nuisance?

Answer 52

Liability can exist for omissions as well as acts.

Question 53

Can public nuisance be a one-off event?

Answer 53

Yes, a public nuisance can be a one-off or isolated event.

Question 54

What defines a ‘class’ in public nuisance?

Answer 54

A class must suffer a common injury, affected at more or less the same time and location.

Question 55

What types of damages can be recovered in public nuisance?

Answer 55

Property damage, consequential economic loss, personal injury, and material inconvenience.

Question 56

What is the main defense in public nuisance?

Answer 56

The main defense is statutory authority.

Question 57

What remedies are available in public nuisance?

Answer 57

Injunctions and/or damages are available, but only injunctions can be granted if the claim is by the Attorney General or local authority.

Question 58

What is Rylands v Fletcher?

Answer 58

Rylands v Fletcher is a tort where a person is liable for damage caused by something they bring onto their land.

Question 59

What is the key definition from Rylands v Fletcher?

Answer 59

The person who brings on their land anything likely to do mischief if it escapes must keep it in at their peril.

Question 60

Who can sue under Rylands v Fletcher?

Answer 60

The claimant must have a proprietary interest in the land affected.

Question 61

Who can be sued under Rylands v Fletcher?

Answer 61

The creator of the nuisance and/or any person who has control over the land.

Question 62

What types of loss are recoverable under Rylands v Fletcher?

Answer 62

Only property damage and consequential economic loss.

Question 63

What are the elements of Rylands v Fletcher?

Answer 63

The elements are: (1) The defendant brings onto land; (2) For their own purposes; (3) Escape; (4) Caused foreseeable harm; (5) Non-natural use of land.

Question 64

What does ‘non-natural use of land’ mean in Rylands v Fletcher?

Answer 64

It refers to a use that is extraordinary and unusual according to the standards of the day.

Question 65

What defenses apply in Rylands v Fletcher?

Answer 65

Defenses include common benefit, act or default of the claimant, statutory authority, act of third party, act of God, contributory negligence, and consent.

Question 66

What defences apply in Rylands v Fletcher?

Answer 66

The same defences apply as for public nuisance, with the addition of common benefit and default of the claimant.

Question 67

What is common benefit in the context of Rylands v Fletcher?

Answer 67

If the claimant has agreed to the accumulation of the material by the defendant, there will be no liability. Consent can be implied if the substance has been accumulated for the common benefit of the claimant and defendant.

Example: In Peters v Prince of Wales Theatre [1943] 1 AC 521, the claimant’s shop flooded due to the defendant’s sprinkler system, which was for the mutual benefit of both parties.

Question 68

What happens if the escape is caused by the act or default of the claimant?

Answer 68

If the escape has been caused wholly by the claimant’s actions, there will be no liability.

Example: In Dunn v Birmingham Canal Co (1872) LR 8 QB, the claimant dug under the defendant’s canal, causing flooding.

Question 69

What is the statutory authority defence in Rylands v Fletcher?

Answer 69

The rules that apply to private nuisance regarding statutory authority are relevant. The defendant can rely on this defence if they were under a statutory obligation that led to the escape.

Example: In Green v Chelsea Waterworks Co (1894) 70 LT 547, the defendant was authorized to lay a water pipe that burst.

Question 70

What is the act of third party defence?

Answer 70

The defendant will not be liable if they can show that the escape arose through the unforeseeable act of a stranger over whom they had no control.

Example: In Rickards v Lothian, a third party blocked the waste pipe, leading to flooding.

Question 71

What is the act of God defence?

Answer 71

Where the escape is caused by a natural occurrence which could not have been reasonably foreseen, the defendant will not be liable.

Example: In Nichols v Marsland (1876) 2 Ex D 1, extraordinary rainfall caused the defendant’s dam to break, sweeping away the claimant’s bridges.

Question 72

What remedies are available in Rylands v Fletcher?

Answer 72

The same remedies are available as for private nuisance, namely damages and injunctions. Damages are the most common remedy for property damage and consequential economic loss.

Question 73

What are the elements to consider for Rylands v Fletcher?

Answer 73

1. The defendant brings onto land and accumulates there.
2. Anything likely to do mischief (damage) if it escapes.
3. It escapes.
4. The escape caused foreseeable harm.
5. Non-natural use of land.

Question 74

What is the summary of Rylands v Fletcher?

Answer 74

Rylands v Fletcher protects against interference due to an isolated escape from the defendant’s land. The claimant must have a proprietary interest in the land affected, and losses recoverable are property damage and consequential economic loss.

Question 75

What is public nuisance?

Answer 75

Public nuisance is a crime that may also be a tort affecting a section of the community or the community as a whole.

Question 76

What are the key areas regulated under public nuisance?

Answer 76

Key areas include pollution, noise, and public health measures.

Question 77

What is the key definition of public nuisance?

Answer 77

Acts or omissions of the defendant that materially affect the reasonable comfort and convenience of life of a class of Her Majesty’s subjects.

Question 78

What case provides the definition of public nuisance?

Answer 78

The definition comes from Attorney General v PYA Quarries [1957] 2 QB 169.

Question 79

What are the preliminaries to consider in public nuisance?

Answer 79

The preliminaries are: (1) Who can sue in public nuisance? (2) Who can be sued in public nuisance?

Question 80

Who can sue in public nuisance?

Answer 80

An individual, a Local Authority, or the Attorney General.

Question 81

What must an individual show to sue in public nuisance?

Answer 81

They must show that they have suffered ‘special damage’.

Question 82

What is ‘special damage’ in public nuisance?

Answer 82

‘Special damage’ means the claimant has suffered over and above the rest of the class or in a different way.

Question 83

What case illustrates an example of special damage?

Answer 83

Lyons Sons & Co v Gulliver [1914] 1 Ch 631, where a café’s trade was disrupted due to a queue outside.

Question 84

Who can be sued in public nuisance?

Answer 84

The creator of the nuisance or any person responsible for it, such as an owner or occupier.

Question 85

What are the elements of public nuisance?

Answer 85

The elements are: (1) Act or omission; (2) One-off event or continuous; (3) Class of His Majesty’s subjects; (4) Materially affects comfort and convenience.

Question 86

What does ‘act or omission’ mean in public nuisance?

Answer 86

Liability can exist for omissions as well as acts.

Question 87

Can public nuisance be a one-off event?

Answer 87

Yes, a public nuisance can be a one-off or isolated event.

Question 88

What defines a ‘class’ in public nuisance?

Answer 88

A class must suffer a common injury, affected at more or less the same time and location.

Question 89

What types of damages can be recovered in public nuisance?

Answer 89

Property damage, consequential economic loss, personal injury, and material inconvenience.

Question 90

What is the main defense in public nuisance?

Answer 90

The main defense is statutory authority.

Question 91

What remedies are available in public nuisance?

Answer 91

Injunctions and/or damages are available, but only injunctions can be granted if the claim is by the Attorney General or local authority.

Question 92

What is Rylands v Fletcher?

Answer 92

Rylands v Fletcher is a tort where a person is liable for damage caused by something they bring onto their land.

Question 93

What is the key definition from Rylands v Fletcher?

Answer 93

The person who brings on their land anything likely to do mischief if it escapes must keep it in at their peril.

Question 94

Who can sue under Rylands v Fletcher?

Answer 94

The claimant must have a proprietary interest in the land affected.

Question 95

Who can be sued under Rylands v Fletcher?

Answer 95

The creator of the nuisance and/or any person who has control over the land.

Question 96

What types of loss are recoverable under Rylands v Fletcher?

Answer 96

Only property damage and consequential economic loss.

Question 97

What are the elements of Rylands v Fletcher?

Answer 97

The elements are: (1) The defendant brings onto land; (2) For their own purposes; (3) Escape; (4) Caused foreseeable harm; (5) Non-natural use of land.

Question 98

What does ‘non-natural use of land’ mean in Rylands v Fletcher?

Answer 98

It refers to a use that is extraordinary and unusual according to the standards of the day.

Question 99

What defenses apply in Rylands v Fletcher?

Answer 99

Defenses include common benefit, act or default of the claimant, statutory authority, act of third party, act of God, contributory negligence, and consent.

Question 100

What defences apply in Rylands v Fletcher?

Answer 100

The same defences apply as for public nuisance, with the addition of common benefit and default of the claimant.

Question 101

What is common benefit in the context of Rylands v Fletcher?

Answer 101

If the claimant has agreed to the accumulation of the material by the defendant, there will be no liability. Consent can be implied if the substance has been accumulated for the common benefit of the claimant and defendant.

Example: In Peters v Prince of Wales Theatre [1943] 1 AC 521, the claimant’s shop flooded due to the defendant’s sprinkler system, which was for the mutual benefit of both parties.

Question 102

What happens if the escape is caused by the act or default of the claimant?

Answer 102

If the escape has been caused wholly by the claimant’s actions, there will be no liability.

Example: In Dunn v Birmingham Canal Co (1872) LR 8 QB, the claimant dug under the defendant’s canal, causing flooding.

Question 103

What is the statutory authority defence in Rylands v Fletcher?

Answer 103

The rules that apply to private nuisance regarding statutory authority are relevant. The defendant can rely on this defence if they were under a statutory obligation that led to the escape.

Example: In Green v Chelsea Waterworks Co (1894) 70 LT 547, the defendant was authorized to lay a water pipe that burst.

Question 104

What is the act of third party defence?

Answer 104

The defendant will not be liable if they can show that the escape arose through the unforeseeable act of a stranger over whom they had no control.

Example: In Rickards v Lothian, a third party blocked the waste pipe, leading to flooding.

Question 105

What is the act of God defence?

Answer 105

Where the escape is caused by a natural occurrence which could not have been reasonably foreseen, the defendant will not be liable.

Example: In Nichols v Marsland (1876) 2 Ex D 1, extraordinary rainfall caused the defendant’s dam to break, sweeping away the claimant’s bridges.

Question 106

What remedies are available in Rylands v Fletcher?

Answer 106

The same remedies are available as for private nuisance, namely damages and injunctions. Damages are the most common remedy for property damage and consequential economic loss.

Question 107

What are the elements to consider for Rylands v Fletcher?

Answer 107

1. The defendant brings onto land and accumulates there.
2. Anything likely to do mischief (damage) if it escapes.
3. It escapes.
4. The escape caused foreseeable harm.
5. Non-natural use of land.

Question 108

What is the summary of Rylands v Fletcher?

Answer 108

Rylands v Fletcher protects against interference due to an isolated escape from the defendant’s land. The claimant must have a proprietary interest in the land affected, and losses recoverable are property damage and consequential economic loss.