Private Nuisance, Rylands V. Fletcher

Front 1

What is the key element to trespass?

Back 1

Intention, it's not the trespass that must be intended but the mere action (entry onto the property)

Front 2

What was held in Star Energy v. Bocardo?

Back 2

Bocardo owned land and under it an oil field lay, star had licence granted by crown to drill land, they drilled sideways diagonally into Bocardos land below surface, held that this was trespass as 2800 feet are not deep enough to say it wasn't trespass

Front 3

What was held in the civil aviation act 1982?

Back 3

Aircrafts allowed if at reasonable height

Front 4

What are the defences to trespass?

Back 4

Express or implied permission, necessity (necessity is subjective test)

Front 5

What is trespass ab initio?

Back 5

Party is permitted there but oversteps boundaries, remedies are damages, injunction, court order

Front 6

What is private nuisance?

Back 6

Claimants ability to use his land without unreasonable interference by the defendant (primarily concerned with neighbours)

Front 7

What is the balancing in nuisance?

Back 7

Using ones land freely while not harming the land-based interests of others

Front 8

What is the balancing in nuisance?

Back 8

Using ones land freely while not harming the land-based interests of others

Front 9

What is amenity interests?

Back 9

Lose of enjoyment such as smells noise

Front 10

What is encroachment?

Back 10

By tree roots or overhanging branches

Front 11

What was held in Hunter v. Canary Wharf?

Back 11

Both physical damage and loss of amenity amounted to interference with property interests, also a person can't claim under private nuisance if a family member, guest, lodger, it's a tort in land not people

Front 12

What are the factors that court can take into account for nuisance?

Back 12

1. Always considered (intensity, duration, frequency and timing of interference)

2. Sometimes considered (dependant on type of claim) nature of locality

3. Sometimes considered - relevance to claim (sensitivity of claimant, bad intention of the defendant)

Front 13

What are the factors that court can take into account for nuisance?

Back 13

1. Always considered (intensity, duration, frequency and timing of interference)

2. Sometimes considered (dependant on type of claim) nature of locality

3. Sometimes considered - relevance to claim (sensitivity of claimant, bad intention of the defendant)

Front 14

What is the locality principle?

Back 14

The character of the neighbourhood (rough neighbourhood or quiet one)

Front 15

What are the factors that court can take into account for nuisance?

Back 15

1. Always considered (intensity, duration, frequency and timing of interference)

2. Sometimes considered (dependant on type of claim) nature of locality

3. Sometimes considered - relevance to claim (sensitivity of claimant, bad intention of the defendant)

Front 16

What is the locality principle?

Back 16

The character of the neighbourhood (rough neighbourhood or quiet one)

Front 17

When does the locality principle apply?

Back 17

Only in cases where the claimant has suffered loss in amenity and physical damage can never be a reasonable use of land

Front 18

What are the defences to nuisance?

Back 18

If activities were authorised by statute then total defence, if it contributes to economic well being of country, if been using land in way complained of for more than 20 years (starts when claimant becomes aware of activity)

Front 19

What are the defences to nuisance?

Back 19

If activities were authorised by statute then total defence, if it contributes to economic well being of country, if been using land in way complained of for more than 20 years (starts when claimant becomes aware of activity)

Front 20

What was held in Hatton v. UK?

Back 20

Hatton lived next to Heathrow airport lots of airport noise at night, held no violation of art 8(1) right to respect for private fam life as exceptions in 8(2) as flights would contribute to economic well being of country

Front 21

What are the 4 conditions to take into account when giving injunction?

Back 21

1. The injury to the claimants legal rights is small

2. And is one which is capable of being estimated in money

3. He can get compensated by small money payment

4. It would be oppressive to defendant to grant injunction

Front 22

What is a partial injunction?

Back 22

No activity certain time to create compromise between neighbouring users of land

Front 23

When will damages be awarded?

Back 23

Only where the value of land (in sale or rent) has decreased or their amenity interest (enjoyment of land)

Front 24

What was held in Marcic v. Thames water?

Back 24

Said it was violation of art 8 rights due to sewage front and back garden, HOL rejected nuisance action stating Thames had not acted unreasonably as they worked under legislation, lost claim as didn't ask for enforcement order (parliament provided statutory remedies [enforcement orders] to serve to companies)

Front 25

What is public nuisance?

Back 25

A nuisance that has materially affected the reasonable comfort and convenience of life of a sufficiently large number of citizens

Front 26

What is public nuisance?

Back 26

A nuisance that has materially affected the reasonable comfort and convenience of life of a sufficiently large number of citizens

Front 27

What is the Rylands v. Fletcher 3 rules?

Back 27

1. The defendant brings on his land for his own purposes something likely to do mischief

2. If it escapes

3. Which represents a non-natural use of land

Front 28

What is public nuisance?

Back 28

A nuisance that has materially affected the reasonable comfort and convenience of life of a sufficiently large number of citizens

Front 29

What is the Rylands v. Fletcher 3 rules?

Back 29

1. The defendant brings on his land for his own purposes something likely to do mischief

2. If it escapes

3. Which represents a non-natural use of land

Front 30

What is the 4th rule from Cambridge Water v. Eastern Counties Leather?

Back 30

4. and which causes foreseeable damage of the relevant type

Front 31

What is public nuisance?

Back 31

A nuisance that has materially affected the reasonable comfort and convenience of life of a sufficiently large number of citizens

Front 32

What is the Rylands v. Fletcher 3 rules?

Back 32

1. The defendant brings on his land for his own purposes something likely to do mischief

2. If it escapes

3. Which represents a non-natural use of land

Front 33

What is the 4th rule from Cambridge Water v. Eastern Counties Leather?

Back 33

4. and which causes foreseeable damage of the relevant type

Front 34

What are the facts of Cambridge water v. Eastern Counties Leather?

Back 34

PCE seeped through concrete into water course polluting a well situated 1.3 miles away, held the storage of substantial quantities of chemicals on industrial presumes is should be regarded as non-natural use even though this may be the ordinary use of the land in question, however they couldn't recover because damage was too remote

Front 35

What is meant by requirement number 1? (Defendant brings on his land for his own purposes something likely to do mischief)

Back 35

The substance on his land must be capable of causing damage if it escapes.

Front 36

What is meant by requirement number 1? (Defendant brings on his land for his own purposes something likely to do mischief)

Back 36

The substance on his land must be capable of causing damage if it escapes.

Front 37

What did the case Transco v. Stockport change?

Back 37

Changed Rylands rule 1 to "the defendant brings on his land for his own purposes something with an "exceptionally high risk of danger" instead of "likely to do mischief"

Front 38

What has been changed in Rylands rule 3?

Back 38

Instead of a "non-natural" use of land it is now an "extra-ordinary and unusual" use of land

Front 39

Who has standing for Rylands rule?

Back 39

Same as nuisance - only parties with ownership or exclusive possession of the land concerned can claim, established in Cambridge

Front 40

What are defences to the Rylands rule?

Back 40

Fault of the claimant or implied consent, escape caused by the unforeseeable act of a stranger, escapee caused by act of god

Front 41

What are defences to the Rylands rule?

Back 41

Fault of the claimant or implied consent, escape caused by the unforeseeable act of a stranger, escapee caused by act of god

Front 42

What's the difference between private nuisance, Rylands and negligence?

Back 42

On going problem is private nuisance, an escape is Rylands but if defendants failed to take steps to fix problem then could be negligence

Front 43

What is Rylands rule today?

Back 43

Occupier has brought something into his land which poses an exceptionally high risk to neighbouring property should it escape and which amounts to an extraordinary and unusual use of land and which cases foreseeable damage of the relevant type

Front 44

For requirement 4 what does this mean?

Back 44

Caimbridge couldn't recover as damage too remote, it's not the escape that's to be foreseeable but once there has been an escape is the damage suffered foreseeable consequence? (PCE seeping into a well and polluting a well situated 1.3 miles away is not a foreseeable consequence if the PCE escaped)