WJEC/Eduqas Law for A level Book 2 Revision Guide

Chapter 2 The law of tort 3. Rhys’s parking Type of nuisance claim or R v F: Activity 2.4 Nuisance law Apply the law on nuisance to the scenario below. Clive owns a pig farm. Six months ago, he obtained planning permission to build another large shed to expand his business. Clive’s next-door neighbour, Taylor, is an artist who sells work from a studio at his home. He complains forcefully to Clive that his business is suffering because the noise and smell of the pigs means that visitors do not stay long enough to buy any art. In response, Clive takes delivery of even more pigs. Lorries deliver and collect day and night. Taylor claims the lorries keep him awake and the rural atmosphere is ruined. The cars and lorries also produce fumes that Taylor says have killed his prize-winning orchids. Advise Taylor on whether he may have any nuisance claims against Clive and what his remedies might be. 2.1 Quickfire questions 1. Do the items that are kept and collected on the land need to be dangerous in Rylands v Fletcher ? 2. What does escape mean in Rylands v Fletcher ? 3. What are the possible defences that can be used in Rylands v Fletcher ? 4. What does a claimant need in order to make a claim in private nuisance? 5. What is interference ? 6. What can make interference unreasonable? 7. What are the essential elements of trespass to land? 34