Property Sellers Generally, sellers and landlords of property are not liable for defects in the property. The buyer beware (caveat emptor) applies. The law does not generally imply obligations equivalent to those which apply to the sale of goods. There is no civil liability, nor is there an implied term in a contract for the sale of land. This could […]
Deliberate Setting A person who deliberately sets a fire is liable for all damage which ensues. He is also guilty of a serious criminal offence; criminal damage. He is also likely to be liable in trespass for damage which follows as a direct consequence of his action. Accidental Fires Historically, occupiers have been liable for fire spreading from their property, […]
Defences to Nuisance A number of the defences that apply to other civil wrongs, such as negligence, also apply to nuisance. There are other defences to a nuisance action. They include the following Where the cause of the damage is a third party’s intervention. Where the matter arises from an unforeseeable event, such as an act of God statutory authority […]
Nature A public nuisance is an interference with the rights of the public or a group of the public. It covers interference with rights held in common. For example, the blocking of a highway or interference with a public right of way may be a public nuisance. If a member of the public trips and falls on something that comprises […]
Occupiers The occupier refers to a person in control of property. This may be the owner, a tenant or another person in occupation and control. There can be situations where both the owner and occupier are each liable. If the accident is attributable to something in the state of the premises when it was first leased, the landlord may be […]
Occupiers Liability Act Reckless disregard, the criteria for the duty owed to recreational users and trespassers is significantly lower duty than that owed to visitors. This was the objective of the legislation. In considering whether the person acted with reckless disregard, the court must take cognizance that the old common law test no longer applies. The prior law under which […]
Occupier Liability Act The Occupiers Liability Act was driven mainly by concerns expressed by farmers in relation to claims by entrants on their land. The Occupiers Liability Act relates to damages arising from the state and condition of the premises. The legislation does not apply to activities on the premises. Injury otherwise caused, is governed by the ordinary laws of […]
Overview Roads authorities may be liable for misfeasance (negligence) in relation to work done on the roadway. They are not liable for nonfeasance, a failure to take positive action where repair of the roadway is required. The Civil Liability Act 1961 placed an obligation on road authorities by which they would be liable for damage caused as a result of […]
Overview Trespass protects rights in property. It protects the enjoyment of a property. It goes further and applies technically to the slightest incursion. The Constitution protects the inviolability of a citizen’s dwelling house. This guarantee is vindicated and implemented by trespass law. Trespass is an interference with the possession of land. A person who is entitled to the exclusive possession […]
Overview Any entry onto the property of another is a trespass. Trespass covers personal entry onto land and causing something directly to enter into or come in contact with land, without consent or other adequate justification. The claim can be made by any person with lawful rights of occupation of land. This may be the freeholder but may equally be […]
Defences to Trespass There are various defences to the various types of trespass. Consent Consent is a defence to trespass. Entry onto land should be within the terms of the consent. An entry on land in breach of consent may cause the trespasser to be deemed a trespasser from the moment of entry. Questions may arise as to the terms […]
Rylands v Fletcher The case of Rylands v Fletcher involved two adjacent coal mining operators. The defendant constructed a reservoir to supply water to his mill. His contractors failed to discover an underground shaft which connected to the plaintiff’s mine. The water broke from the reservoir and flooded the mine. The defendant was not negligent. His contractors may have been, […]
Overview A key feature of a claim in nuisance is that it is not necessary to prove that the respondent’s behaviour was deliberate or even negligent. Once the act itself constitutes a nuisance and is an unreasonable interference with the claimant’s land, this of itself creates liability. In effect, the fault lies in the nuisance itself. Circumstances and the environment […]
Law of Nuisance The law of private nuisance compensates for or prevents the unreasonable interference, disturbance or annoyance of a person in his occupation of land. It protects the interests of the landowner and occupier in the quiet and peaceful enjoyment of the property. The law of public nuisance protects rights enjoyed by the public, such as the right to […]