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Cover Concentrate Questions and Answers Tort Law

9. Nuisance and Rylands v Fletcher  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter considers the issue of nuisance, particularly the case of Rylands v Fletcher. In order to answer questions on this topic, students need to understand the following: private nuisance: who can sue in private nuisance? who can be sued? and categories of nuisance (ie noise, vibrations, smells, etc); public nuisance; the rule in Rylands v Fletcher (1866) LR1 Exch 265; specific defences to claims of nuisance; and remedies available in nuisance.


Cover Tort Law

11. Nuisance  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with two forms of action in nuisance: public nuisance and private nuisance. It begins by considering the basis of liability in private nuisance and the difficulties presented by cases of overlap between negligence and nuisance. It also discusses the relationship between private and public interests and the relevance of the Human Rights Act 1998. The chapter concludes by assessing the role of community or public interest in nuisance actions, particularly in relation to remedies, and recent attempts to use public nuisance in particular to restrain collective activities on the basis of public order. Relevant court cases are cited where appropriate.


Cover Tort Law Directions

12. Nuisance  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Nuisance protects against ‘indirect’ interference with the claimant’s use and enjoyment of land. There are two categories of nuisance: public nuisance and private nuisance. Private nuisance refers to an unreasonable interference with the use or enjoyment of land. In order to sue in private nuisance, the claimant must have an interest in the land affected. This chapter examines the elements of liability in private and public nuisance and discusses the differences between them.. It also looks at the relationship between nuisance and fault-based liability and evaluates the human rights dimension to the law of nuisance.


Cover Tort Law Concentrate

12. Nuisance and Rylands v Fletcher  

This chapter discusses the law of nuisance. ‘Nuisance’ relates to three very different actions: private nuisance, public nuisance, and statutory nuisance. All three are land-related torts, occurring indirectly, and often concern neighbour disputes and environmental wrongs. Unlike negligence, in nuisance the law is concerned less with the nature of the defendant’s conduct than with its effect upon the claimant. Private nuisance must have an element of continuation and damages will not be recoverable for physical injury. The case of Rylands v Fletcher (1868) established a new tort which provided for strict liability of defendants in certain nuisance-related situations.


Cover Ashworth's Principles of Criminal Law

15. Public Order Offences  

This chapter considers offences of public order, in the light of the importance attached to freedom of public demonstration. The main focus is the Public Order Act 1986, and the offences defined therein. The offences are analysed in the context of individual rights to freedom of speech and freedom of association protected respectively by Articles 10 and 11 of the ECHR. The important distinction between prior and subsequent restraint on demonstration is also considered in this context. The old common law offence of public nuisance is also briefly considered, insofar as it may be applied in public order contexts.


Cover Smith, Hogan, and Ormerod's Criminal Law

31. Offences against public order (additional chapter)  

David Ormerod and Karl Laird

The Public Order Act 1986 is the principal source of public order offences. These are riot, violent disorder and affray, along with inducing fear of violence and behaviour likely to cause harassment, alarm or distress. Some of the offences in the 1986 Act may be committed in private, but their public order foundations are paramount and these offences should not be treated as merely additional offences against the person. This chapter deals with offences against public order. It also considers harassment, alarm or distress, racially aggravated public order offences and acts intended or likely to incite racial or religious hatred and hatred on the grounds of sexual orientation. The chapter concludes by looking at public nuisance and vicarious liability.


Cover Street on Torts

17. Nuisance  

This chapter examines the torts of private and public nuisance. It explains that the tort of private nuisance protects rights in the use of land, rights in the enjoyment of land, and rights in land itself. It permits actions with respect to physical interference with land as well as with sensible personal comfort in its use and enjoyment. The chapter highlights the difficulty in establishing whether private nuisance constitutes a tort of strict liability. This chapter also discusses the elements of public nuisance, which again is a difficult tort to analyse but which is concerned with interference with public rights, such as the right to pass and re-pass along the highway.


Cover Lunney & Oliphant's Tort Law

11. Nuisance and the Rule in Rylands v Fletcher  

Donal Nolan and Ken Oliphant

This chapter examines the two forms of nuisance action in modern law: public and private nuisance. Public nuisance is a crime which may give rise to tort liability. Private nuisance protects an occupier’s right to use and enjoy their land free from unreasonable interferences. The discussion of private nuisance starts with the nature of the tort, before going on to consider the requirement of unreasonable interference; the relationship between nuisance, negligence and fault; who can sue; defences; and remedies. The chapter also considers the rule in Rylands v Fletcher, which imposes strict liability for damage caused by an escape of a dangerous thing in the course of a non-natural use of land. The discussion of this rule begins with the leading case, before proceeding to look at the relationship between the rule and nuisance; the elements of a claim; defences; fire cases; and the future of the rule.


Cover Tort Law: Text and Materials

12. Nuisance and the Rule in Rylands v Fletcher  

This chapter examines the two forms of nuisance action in modern law: public and private nuisance. Public nuisance is a crime which may give rise to tort liability. Private nuisance protects an occupier's right to use and enjoy her land free from unreasonable interferences. The chapter also discusses the rule in Rylands v Fletcher, which holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier is liable for damage to the property of another caused by the escape. This is so irrespective of whether the occupier has been at fault.


Cover Environmental Law

11. Private law and environmental protection  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter focuses on the torts—or civil wrongs—traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in Rylands v. Fletcher. It discusses and outlines statutory nuisance and various instances of statutory civil liability, some of which go beyond providing remedies for individuals and provide for wider environmental clean-up. Traditionally, private law has attempted to serve the function of controlling environmental damage. However, the chapter shows that the similarity is often superficial; the essential characteristic of private law is to regulate relationships between individuals by the balancing of individual interests. It concludes by briefly considering the EU Environmental Liability Directive, which has some similarities with private law remedies but is primarily an administrative mechanism for environmental remediation in defined situations.