WJEC/Eduqas Law for A level Book 2 Revision Guide

Torts connected to land Public nuisance Element of tort Law Case Common harm or injury Affects a right, a common protection or a benefit enjoyed by the members of the affected class. R v : Defendant sent out 538 packages to different people containing racially offensive material. Some victims were chosen at random; others were picked because of their ethnic background. House of Lords held it was not a public nuisance as the actions of the defendant did not cause a common injury to a section of the public. It is different if the defendant often blocks the highway for no good reason. Lyons v : Defendant committed a public nuisance as he regularly allowed large queues of people seeking cheap seats to build up on the pavement outside his theatre, impeding access to claimant’s shop. Highways Many public nuisances occur as a result of of the right of passage over a highway. A temporary obstruction is unlikely to amount to a public nuisance unless it is also unreasonable. A person who trips over uneven paving stones will probably be to obtain compensation. The duty has limitations. Trent v : Claimant tripped over a hosepipe laid across the highway by the defendant, who had no mains water connection to his premises. Claimant’s action failed as the use by the defendant was regarded as reasonable. Noble v : Where premises adjoin the highway and damage is caused by something falling onto the highway, the landowner may be liable for public nuisance if evidence shows they knew or ought to have known of the danger. Wringe v : Dangerous premises that collapse onto the highway are public nuisance if the collapse is caused by lack of maintenance. v Department of Transport : There is no general common law duty to salt roads to prevent a built up of ice. Words to use able abuse Attorney General civil Cohen criminal Esso Petroleum Gulliver Harrison Her Majesty’s Lee Madden PYA Quarries Rimmington Sandhar 31