What are the remedies available for public nuisance claim brought by AG or local authority?
ONLY remedy available is ‘INJUNCTION’
can an individual bring a claim for public nuisance?
YES
only if theysuffer a special damage over and above (beyon) the affected class (ie. section of public).
The damage must be direct and substantial.
Reasonably forseeable harm
Rylands v Fletcher
harm could result IF the thing escapes,
and IF the thing ESCAPES the harm is foreseeable.
Unnatural use of land
Rylands v Fletcher
extraordinary or unnatural
- chemicals
- oil (depends on quantity)
BUT
- piping water for domestic use = ordinary and natural
- water supply pipe = ordinary and natural
Unreasonable use of land
Private nuisance
deemed unlawful
Reasonable use= ordinary usage of mankind living in a particular society
20 years prescription defence in
land based tort
only private nuisance
when does act of God engages liability of occupier
land based tort - private nuisance
if D adopt and/or continue the nuisance
when does act of Third Party engages liability of occupier
land based tort - private nuisance
- knowingly allowed
- adopts and/or continue
For which land based tort claim, a personal injury can be recovered?
public nuisance
can also recover pure economic loss
For which land based tort claim, a SPD can be recovered?
private nuisance
For which land based tort claim, abatement can be the remedy?
private nuisance
foreseeability of damage for land based tort
- private: damage must be foreseeable
- public: damage or injury foreseeable
- R v F: foreseeable if the thing accumulated escapes
who is the occupier of land for occupiers liability?
sufficient control over premises to impose a duty to prevent harm
Requirements of a ‘warning’ to discharge duty for visitors?
OLA 1957
Warning must make clear:
- what the danger is
- where it is
- how to avoid it
- clear and sufficient
- might have an exclusion notice
Requirements to discharge duty for INDEPENDENT CONTRACTORS?
OLA 57
- They acted reasonably in hiring the contractor.
-reasonable to hire - They checked the competence of the contractor.
–check their competency - The nature of the work did not require further supervision
(repair of a lift by specialists). – nature of the work if specialist required then lower standard as D wouldn’t have any technical knowledge to safeguard more)
AND
An occupier does not have to take care to protect someone against risks normally incidental to their job which they can be expected to have guarded against.
Who can claim for property damage and consequential economic loss for occupiers liability claim?
only visitors
- tespassors can only claim for personal injury
Contions to establish Occupiers’ Liability to NON-VISITORS
Trespasser
- Awareness of Danger: occupier must know, or have reasonable grounds to believe, that a danger exists on the premises.
- Knowledge of Presence: occupier must know, or have reasonable grounds to believe, that someone is or may come into the vicinity of the danger AT THE TIME of the accident.
- Reasonable Protection: risk must be one the occupier can reasonably be expected to provide protection against.
Requirements of a ‘warning’ to discharge duty owed to tresspassers (non-visitors)?
OLA 1984
- occupier must take all reasonable steps to give warning of the danger concerned or to discourage persons from incurring the risk.
- Effectively/sufficiently brings to trespasser’s attention.
- is sufficiently discouraging = no liability
- D just needs to take reasonable steps to bring the danger to the C’s attention.
easier per se to establish:
* Physical barriers can be enough to discourage trespassers.
* Harder to discharge duty if trespasser is a child.
warnings - OLA for children
robust warnings and/or physicall barriers
- images/drawings/pics can help bcs infants cannot read
Defect of a product means
A product is defective if its safety is not such as persons generally are entitled to expect.
What damages are NOT recoverable for product liability under CPA 1987?
- cost of repair ; and
- replacement of the defective product itself
Limitation period to bring a claim for defective product
Claims must be brought:
- Within 3 years of the date of occurrence of the damage/injury OR from the date of the claimant reasonably became aware of it
- Within 10 years of the product being put into circulation (absolute time bar). -long stop
Product liability for blood transfusions
Standard: what would be the expectation of ‘people generally’ having blood transfusions?
They would expect that the blood is infection /hepatitis/virus free!
what damages can be recovered for defective product?
Covers personal injury, property damage, and some instances of pure economic loss
