11. Nuisance and the Rule in Rylands v Fletcher

Abstract

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.