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Chapter

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.

Chapter

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.