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Chapter

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.

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 Lunney & Oliphant's Tort Law
Tort Law: Text and Materials brings together a selection of carefully chosen extracts from cases and materials, with extensive commentary. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. The authors start by introducing the subject, and then examine intentional interference with the person before moving on to liability for negligence. Their analysis provides an overview of negligence liability in general, and then addresses in turn breach of duty, causation and remoteness, defences to negligence and specific duty of care issues (psychiatric illness, economic loss and omissions and acts of third parties). In the following chapter, the authors consider the statutory regimes governing occupiers’ liability and product liability, as well as the tort of breach of statutory duty. The focus then switches to nuisance and the rule in Rylands v Fletcher, defamation, and privacy, before turning to vicarious liability, and damages for personal injury and death. Finally, how tort works in practice is explored.

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.

Chapter

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.

Book

Cover Tort Law: Text and Materials

Mark Lunney, Donal Nolan, and Ken Oliphant

Tort Law: Text and Materials brings together a selection of carefully chosen extracts from cases and materials, with extensive commentary. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. The authors start by introducing the subject, and then examine intentional interference with the person before moving on to liability for negligence. Their analysis provides an overview of negligence liability in general, and then addresses in turn breach of duty, causation and remoteness, defences to negligence, and specific duty of care issues (psychiatric illness, economic loss, omissions and acts of third parties, and public bodies). In the following chapter, the authors consider the special liability regimes for employers and occupiers, as well as product liability and breach of statutory duty. The focus then switches to nuisance and the rule in Rylands v Fletcher, defamation, and privacy, before turning to vicarious liability, and damages for personal injury and death. Finally, they explore how tort works in practice.

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.

Chapter

Cover An Introduction to Tort Law

10. Nuisance  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with the tort of nuisance, which is concerned exclusively with land. Nuisance embraces all the multifarious rights and interests appertaining to land — that extremely distinctive form of property whose characteristics include uniqueness, durability, fixity, contiguity, visibility, and short supply. Some such rights are natural, others must be acquired; some are absolute, others qualified; some depend on physical possession, others, such as easements, do not. One of these rights is the right to enjoy one's land. The chapter discusses how the four elements (earth, air, fire, and water) can affect the landowner or occupier; cases where a defendant is held liable for failing to protect his neighbour; the nature of the occupier's duty; disamenity as the characteristic of nuisance law; and whether a landlord is liable for a nuisance committed by a tenant.

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 Essential Cases: Tort Law

Coventry v Lawrence [2014] UKSC 13  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13. The document also included supporting commentary from author Craig Purshouse.

Chapter

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.

Chapter

Cover Essential Cases: Tort Law

Coventry v Lawrence [2014] UKSC 13  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13. The document also included supporting commentary from author Craig Purshouse.

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.

Book

Cover Casebook on Tort Law

Kirsty Horsey and Erika Rackley

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

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

Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. 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.