Unit 3 - Nuisance, Rylands v Fletcher, Vicarious Liability

Question 1

What is private nuisance?

Answer 1

Unreasonable interference with the enjoyment or use of an occupier’s land.

Question 2

Case - establishing that the claimant must have legal interest in the land to bring a claim of nuisance

Answer 2

Hunter v Canary Wharf (1997) - TV reception

Question 3

Case - showing that the Defendant does not need to own or occupy the land the nuisance is emitting from

Answer 3

Jones Ltd v Portsmouth CC (2002) - tree roots

Question 4

Give four potential examples of “interference” i/r/t nuisance

Answer 4

Flooding
Smells
Encroachment
Noise
Physical damage
Cricket balls
A brothel

Question 5

What use of the land is required by the defendant for the interference to qualify as unlawful?

Answer 5

Unreasonable use of land.

Question 6

What are the four considerations of the court when determing whether use of the land is unreasonable?

Answer 6

Duration, nature of locality, sensitivity, and malice

Question 7

How does the nature of the locality affect unreasonable use of land i/r/t nuisance? What is an example of this?

Answer 7

A higher level of disturbance may be permitted in some industrial areas than others. Hirose Electrical v Peak Ingredients (2011) - curry smell

Question 8

Case - showing that nature of locality is irrelevant in the event of physical damage

Answer 8

St Helens Smelting Co v Tipping (1865) - smelting tree

Question 9

How does the duration of the nuisance affect unreasonable use of land i/r/t nuisance?

Answer 9

The longer a nuisance lasts, the more likely it is to be unreasonable.

Question 10

Case - showing that a temporary activity may still count as nuisance

Answer 10

De Keyser’s Royal Hotel v Spicer Bros (1914) - building work at night

Question 11

How does the sensitivity of the land affect unreasonable use of land i/r/t nuisance? What is an example of this?

Answer 11

If the Claimant is abnormally sensitive, the Defendant will not be liable unless the activity would cause nuisance to a person using the land in a reasonable way. Robinson v Kilvert (1889) - warm boxes

Question 12

How does malice affect unreasonable use of land i/r/t nuisance? What is an example of this?

Answer 12

If there is malice from the defendant, it is more likely to be unreasonable. Hollywood Silver Fox Farm v Emmett (1936) - breeding foxes

Question 13

How has the court ruled on the defences of the nuisance being a public benefit, or of the nuisance having existed prior to the claimant coming to the land?

Answer 13

These are not defences allowed by the Court.

Question 14

Case - establishing test of foreseeability of damage in nuisance and in Rylands v Fletcher

Answer 14

Cambridge Water v Eastern Counties Leather PLC (1994) - solvent borehole.

Question 15

Case - establishing whether type of damage was foreseeable

Answer 15

The Wagon Mound (1961) - oil on water

Question 16

Describe the significance of Rylands v Fletcher (1868).

Answer 16

Although originally a case, this has become a tort in its own right in relation to the escape of non-naturally stored material onto adjoining property that does damage.

Question 17

What liability is owed under Rylands v Fletcher?

Answer 17

Strict liability - no fault is required by the Defendant.

Question 18

What are the five requirements needed for an action under Rylands v Fletcher?

Answer 18

1. The Defendant accumulated on the Defendant’s land
2. A thing likely to do mischief if it escapes
3. Which then escaped
4. The use of the land was non-natural
5. The damage is not remote

Question 19

What are the two requirements needed to qualify as “accumulation” i/r/t Rylands?

Answer 19

1. The Defendant must bring the hazardous thing to their land and keep it there
2. The thing must be there for the Defendant’s purposes

Question 20

Case - showing that the thing that escapes cannot already be on the land i/r/t Rylands

Answer 20

Giles v Walker (1890) - natural thistles

Question 21

Case - showing that the thing that escapes must be for the Defendant’s purposes i/r/t Rylands

Answer 21

Dunne v North West Gas Board (1964) - gas main

Question 22

Case - showing that thing that escapes need not be the thing accumulated i/r/t Rylands

Answer 22

Miles v Forest Rock Granite (1918) - explosive rocks

Question 23

Case - showing that the thing that escapes need not be hazardous i/r/t Rylands

Answer 23

Shiffman v Grand Priory of St John (1936) - flagpole

Question 24

Case - showing that injury on the Defendant’s land is not actionable i/r/t Rylands

Answer 24

Read v Lyons (1947) - explosive factory

Question 25

Case - showing that what is considered non-natural use changes over time i/r/t Rylands

Answer 25

TransCo v Stockport MBC (2004) - gas and water supply pipes

Question 26

Case - showing that there is no liability for pure economic loss i/r/t Rylands

Answer 26

Weller v Foot and Mouth Disease Research Institute (1966) - cattle virus

Question 27

Define vicarious liability.

Answer 27

A third person has legal responsibility for the unlawful actions of another, usually an employer’s responsibility for the actions of their employee.

Question 28

Give two reasons why employers are vicariously liable.

Answer 28

1. Employer is more likely to be able to compensate the victim and can be expected to have insured against the liability.
2. The tort will have been commited as a result of an activity being performed on the employer’s behalf.

Question 29

What are the three questions required to show if an employer is vicariously liable?

Answer 29

1. Was a tort committed?
2. Was the tortfeasor an employee?
3. Was the employee acting in the course of employment when the tort was committed?

Question 30

What was the case which established the rule for vicarious liability owed for the actions of contractors, and what is the test applied?

Answer 30

Cox v MOJ (2016) - prison kitchen

1. Harm was wrongfully done by an individual
2. The individual carries on activities as an integral part of business activites carried on by the defendant and for its benefits
3. Where the wrongful act is a risk created by the defendant in assigning activities to that individual

Question 31

What acts are an employer liable for?

Answer 31

1. Wrongful acts authorised by the employer

2. Acts which are wrongful ways of doing something authorised by the employer

Question 32

Case - landmark case of determining vicarious liability

Answer 32

Mohamud v WM Morrison Supermarkets PLC (2016) - petrol assault

Question 33

What is the close-connection test i/r/t vicarious liability?

Answer 33

1. What function or field of activies have been entrusted to the employee?
2. Is there sufficient connection between this and the subsequent tort for it to br reasonable for the employer to be held liable?