Nuisance and the Rule in Rylands v Fletcher

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  • Nuisance and the Rule in Rylands & Fletcher
    • 3 Types of Nuisance
      • 1. Statutory - An N operating by virtue of Statute and cannot be sued for
      • 2. Public - An N affecting a cross section of people. Sometimes both a tort and a crime
        • PYA Quarries [1957]
        • May receive damages, injunctions.
      • 3. Private - "unlawful interference with a persons use of enjoyment of land or some right over, or a connection with it."
        • 3 Forms: 1. Physical Injury to land 2. Substantial interference with Enjoyment of Land 3. Encroachment on Neighbors land
    • "Reasonable User" test - Sedleigh-Denfield v O'Calloghan [1940]
      • 5 Factors:
        • 1. Nature of Locality - "What would be a nuisance in belgrave square may not be in bermondey" Lord Theisger in Sturges [1879]
        • 2. Duration and Frequency - although a rare but substantial interference is still a nuisance - Barr v Biffa Waste [2012]
        • 3. Utility of Defendants Conduct? - Planning permission does not authorize nuisance - Wheeler v Saunders [1995]
        • 4. Abnormal Sensitivity - Will not make X an nuisance - Kilvert v Robinson [1889]
        • 5. Malice encourages the courts to find a nuisance - Christie v Davy [1893]
          • unless it stops C from having something he had no right too - Hollywood Silver Fox Farm [1936]
    • Only those with propriety interest can sue (Hunter v Canary Whard [1997]
      • Smell is a nuisance: Haley v Esso [1961]
      • Dust is a nuisance: London Docjlands [1997]
      • TV interference is a nuisance: Hunter v Canary Wharf [1997]
      • Cannot sue in nuisance for public injury - Re Corby [2008]
    • Defenses to Nuisance
      • 1. Statutory Authority - Allen v Gulf Oil [1981]
      • 2. 20 year prescription - Sturges v Brigman [1879]
      • 3. Inevitable accident
      • 4. Unforseen act of a stranger
      • 5. Abnormal Sensitivity
      • Not Defences
        • Coming to the Nuisance - Masters v Brent LBC [1978]
        • Utility - Adams v Ursell [1913]
        • Jus Tertii - Nicholls [1936]
        • 4. Due to many - Laniston [1894]
    • Rylands v Fletcher [1868]
      • "Isolated Escape" Incidents with Four Requirements
        • 1. D has brought onto his land something likely to cause mischief
        • 2. The thing escapes (Read v Lyons [1947] if intentional its tresspass)
        • 3. Non-natural use of land
        • 4. Foreseeability of the type of damage
      • Defences
        • 1. Claimant's fault
        • 2. Unforeseeable act of stranger
        • 3. Act of God
        • 4.  Statutory Authority
        • 5. Consent

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