WJEC/Eduqas Law for A level Book 2 Revision Guide

Torts connected to land Activity 2.3 Sample answers for scenario question on nuisance and Rylands v Fletcher Sam owned a takeaway shop selling curries in a quiet village. The customers, who often stood in long queues in and outside the shop, caused considerable noise, and there were strong smells from the cooking of the curries. Richard bought the house next to Sam’s shop. When, after several months of this annoyance, Richard complained to Sam, Sam increased his opening hours. In a separate dispute, lighter fluid, which Richard had bought for barbecues, leaked from cans in his shed into Sam’s garden, destroying Sam’s delicate and rare orchids. Rhys regularly parked his large van in the narrow lane when making deliveries to Sam’s shop, causing a severe obstruction for motorists in the village. Consider the rights, if any, of: 1. Richard against Sam in connection with the noise and the smells 2. Sam against Richard in connection to the destruction of the plants 3. The motorists against Rhys in connection with the obstruction. Identify the type of nuisance and whether the case of Rylands v Fletcher (1868) (R v F) is relevant. Explain what needs to be established in each scenario for a successful claim. Think about what should be taken into account and what the courts are likely to look for. Include relevant case examples and conclude stating whether you think the claimant is likely to have a successful case. Continue your answers on a separate piece of paper if necessary. 1. Richard against Sam: Type of nuisance claim or R v F: 2. Sam against Richard Type of nuisance claim or R v F: Continued 33