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Chapter

Cover Tort Law

19. Actions under the rule of Rylands v Fletcher  

This chapter examines the rule from Rylands v Fletcher [1868]. The rule holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape, irrespective of fault. The rule today is best understood through a trilogy of cases: Rylands v Fletcher, Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] and Transco v Stockport Metropolitan Borough Council [2004]. The development of the rule has led to an increased overlap with ideas from nuisance and negligence.

Chapter

Cover Tort Law

18. Trespass to land and nuisance  

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, were clarified by the Supreme Court in Coventry v Lawrence [2014].

Chapter

Cover Markesinis & Deakin's Tort Law

13. Nuisance  

Private nuisance is defined as any substantial and unreasonable interference with the claimant’s land, or with his rights to peaceful enjoyment of that land and any right that exists in connection with it. It need not result from ‘direct’ or ‘intentional’ interference; it is sufficient that the defendant have ‘adopted or continued’ a state of affairs that constitutes an unreasonable interference. This chapter discusses the basis of liability in private nuisance; the concept of unreasonable interference and the difference between this concept and the notion of ‘reasonableness’ in negligence; who can sue and who can be sued; defences; and remedies. It also discusses, in outline, public nuisance; the relationship between nuisance and other forms of liability; and nuisance and protection of the environment.

Chapter

Cover Street on Torts

12. Trespass to land  

This chapter examines the protection against interferences with land provided by tort law. Land in this context includes not only the surface of the land but areas above and below it as well as fixtures. The chapter explains that the action for trespass to land protects the interest of the claimant in having his land free from the unjustified physical intrusion of another, and thus protects (once again) possession rather than title as such. The chapter discusses the elements of trespass and describes the types of acts that constitute it. It considers also remedies available for defendants in trespass to land cases, which include injunctions, actions for the recovery of land, and damages.

Chapter

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.

Chapter

Cover Markesinis & Deakin's Tort Law

16. The Rule in Rylands v. Fletcher  

This chapter examines the rule in Rylands v. Fletcher, a rule which remains controversial to this day. The rule states that anyone who, in the course of a ‘non-natural’ use of his land ‘accumulates’ thereon for his own purposes anything likely to do mischief if it escapes, is answerable for all direct damage thereby caused. It discusses the requirements for liability, the various controlling mechanisms used to limit the scope of the rule; what and whose interests are protected by it; and the relationship between Rylands v. Fletcher and private nuisance. The chapter also explores the important questions that the rule in Rylands v. Fletcher raises about the nature, and future, of strict liability in the law of tort in general.

Chapter

Cover Tort Law

19. Actions under the rule of Rylands v Fletcher  

This chapter examines the rule from Rylands v Fletcher [1868]. The rule holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape, irrespective of fault. The rule today is best understood through a trilogy of cases: Rylands v Fletcher, Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] and Transco v Stockport Metropolitan Borough Council [2004]. The development of the rule has led to an increased overlap with ideas from nuisance and negligence.

Chapter

Cover Essential Cases: Tort Law

St Helen’s Smelting Co. v Tipping [1865] 11 ER 642  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in St Helen’s Smelting Co. v Tipping [1865] 11 ER 642. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Hunter v Canary Wharf Ltd [1997] AC 655  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hunter v Canary Wharf Ltd [1997] AC 655. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Rylands v Fletcher (1868) LR 3 HL 330  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rylands v Fletcher (1868) LR 3 HL 330. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

St Helen’s Smelting Co. v Tipping [1865] 11 ER 642  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in St Helen’s Smelting Co. v Tipping [1865] 11 ER 642. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Hunter v Canary Wharf Ltd [1997] AC 655  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hunter v Canary Wharf Ltd [1997] AC 655. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Rylands v Fletcher (1868) LR 3 HL 330  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rylands v Fletcher (1868) LR 3 HL 330. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Tort Law

18. Trespass to land and nuisance  

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, were clarified by the Supreme Court in Coventry v Lawrence [2014].

Book

Cover Tort Law
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. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.

Chapter

Cover Tort Law

18. Trespass to Land and Goods, and Conversion  

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 considers a range of proprietary torts which protect against trespass to land and goods, as well as conversion which protects against interferences with goods (but not land). It considers the overlap in functions between conversion and property law, particularly in the available remedies such as recovery of the chattel and damages based both on value of the goods (if not recovered) and on consequential loss. The chapter first looks at non-deliberate trespass to land and the remedies available to the claimant. This is followed by a discussion on wrongful interference with goods. The chapter then presents a general definition of conversion and its distinctive features, and what interest in the chattels the claimant must have. Finally, it outlines a number of remedies available to the claimant in the case of conversion. Relevant court cases are cited where appropriate.

Chapter

Cover Casebook on Tort Law

16. Trespass to land and nuisance  

This chapter considers two ‘land torts’: trespass to land and private nuisance. Trespass to land protects a person in possession of land against direct invasion of his property. The right to sue includes not only those with a proprietorial interest in the land, such as owners and tenants, but also those who have exclusive occupation such as squatters. The fact that any invasion of land, however minute and whether it causes damage or not, is a trespass, indicates that the primary function of this tort is to protect rights in property, rather than simply to provide compensation. The chapter continues by distinguishing between public and private nuisance. It then discusses the interests protected in private nuisance; the standard of reasonable user; the person(s) liable for nuisance; remoteness of damage; statutory authority and planning permission; and the effect of the Human Rights Act 1998 on nuisance claims.

Chapter

Cover Casebook on Tort Law

17. Actions under Rylands v Fletcher  

This chapter first looks at the idea of there being a form of strict liability for the escape of things brought onto and kept on land, arising from the case of Rylands v Fletcher. It continues by looking at the concept of ‘adopting a nuisance’; that is, allowing a nuisance on land to continue or failing to remove a natural hazard on land that ought to have been removed or been attended to, for example in order to prevent a one-off escape. Cases in this area have led to the existence of a ‘measured duty of care’, seemingly bringing the land torts closer to negligence.

Chapter

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.