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Land Torts - Coggle Diagram
Land Torts
Rylands V Fletcher
Collects something on their land, which is likely to cause mischief if it escapes, when it does escape they are liable for damage from it
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Accumulates: Giles v Walker- must be voluntary, growth of thistles was not sufficient
Likely to do mischief: Transco v Stockport- must have exceptionally high risk, water in pipes did not count
Thing accumulated must escape: Cambridge Water Co v Eastern Counties Leather- must go to land they have no control over (escape can be slow and over a period of time)
Stannard v Gore- must be the actual thing accumulated that escapes, fire caused by the thing does not count
Colour Quest v Total Downstream- where fuel accumulated an fire escapes, fuel escapes with the fire
Escape causes foreseeable harm: Cambridge Counties etc- damage must be foreseeable IF escapes, does not matter how foreseeable escape itself is
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Defences: same as private nuisance with added public benefit defence. Peters v Prince Wales Theatre- there will not be liability where thing is accumulated for mutual benefit of D and C. Act of C: Dunn v Birmingham Canal- no liability where escape caused solely by C's actions. Stat Auth: Green v Chelsea Waterworks0 same rules as private nuisance apply. Act of third party: Rickards v Lothian- not liable if escape caused by stranger D had no control over. Act of God: Nichols v Marsland- where escape caused by a natural occurrence which could not have been reasonably foreseen, not liable. Contributory Negligence & consent- usual rules apply
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Public Nuisance
Who can sue: individual, local authority in their own name or for inhabitants of an area, AG on behalf of a class
Ricket v Metropolitan Railway- individual can claim if they suffered 'special damage' (above the rest of the class or different from the rest of the class) Colour Quest v Total Downstream- special damage must be direct and substantial
Acts or omissions of D where that materially affect the reasonable comfort and convenience of a life of a class of her Majesty's subjects
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Defences: same as private nuisance, apart from prescription (statutory authority main one)
Remedies: Injunction/damages, only injunction for LA or AG
Private Nuisance
Any continuous activity or state of affairs causing substantial and unreasonable interference with C's land/use or enjoyment of that land
Who can Sue: Hunter & others v Canary Wharf- C must have a legal proprietary/possessionary interest in the land affected (owner, tenant, grantee of an easement, licensee with exclusive possession. Mere permission to use or occupy land is not sufficient
Who can be sued: creator of nuisance, occupier of land creating the nuisance, owner of land
Matania v National Provisional Bank- occupier liable for excessive noise/dust over 3 months due to having independent contractors as it had significant contracts (C could not earn their living as a music teacher). Inviting independent contractors on land can cause liability if they cause an inevitable nuisance
Sedleigh Denfield v O'Callaghan- occupiers will be liable for trespassers, visitors, predecessors in title if they continue or adopt the nuisance (nuisance is continued if they knew or ought to have known of it's existence and fail to take steps to stop it. Adopt it if they make use of the thing creating the nuisance)
Goldman v Hargrave- can be held liable for naturally occurring nuisance if they knew or ought to have known of the danger and fail to take reasonable steps to abate the nuisance. Reasonable steps depends on their resources
Landlords: Coventry v Lawrence- landlords not usually liable unless exception applies: they authorised it, by actively or directly participating in it, or by leasing the property on very high likelihood that the nuisance would occur
Indirect Interference: sounds, smells, fumes, vibrations
Must be recognised damage: St Helen's Smelting Co v Tipping- 1. physical damage 2. sensible personal discomfort (SPD)
Cambridge Water Company v Eastern Counties Leather- type of damage must be reasonably foreseeable. Includes property damage and consequential economic loss
Hunter- cannot claim for personal injury (tort against the land, not the person)
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Defences
Prescription: if D's actions have been an actionable nuisance for 20 years, they are prescribed the right to continue (20 years does not have to be continuous)
Statutory Authority: Allen v Gulf Oil Refining- if authorised to do the action, not be liable if exercised all due care and nuisance is still inevitable
Consent: Pwllbach Colliery v Woodman- consent given my words or deeds for the specific activity creating the nuisance
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Act of third party: Sedleigh Denfield- D not liable for someone's actions they had they have no responsibility for, unless they adopt the nuisance
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Remedies
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Damages (repair/renewal/consequential or in lieu of injunction- rare and would consider public benefit of act)
Dennis v MOD- public safety was more important, awarded damages to value of reduction in value of home
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