Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Tort: Rules and Theory
Nuisance, Rylands v Fletcher and Tort Defences
- 3 things to know
- Paper 2
Overview
Recall questions on private nuisance and the rule in Rylands v Fletcher, and the defences of contributory negligence, consent, statutory authority, coming to the nuisance, act of a stranger, act of God and default of the claimant.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
Is it a defence to private nuisance that the claimant came to the nuisance?
Key term
What is the 'act of God' defence to Rylands v Fletcher?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Define private nuisance.
Model answer
An unlawful interference with a person's use or enjoyment of their land, or some right over or in connection with it.
- 2
What does the rule in Rylands v Fletcher impose liability for?
Model answer
The escape of dangerous things that have been brought onto land and accumulated there in a non-natural use of the land.
- 3
What is contributory negligence and what is its effect?
Model answer
A partial defence that reduces the claimant's damages where their own fault contributed to their injury.
- 4
What is the defence of consent (volenti non fit injuria)?
Model answer
A complete defence where the claimant voluntarily agreed to accept the risk of harm.
- 5
Can statutory authority provide a defence to private nuisance?
Model answer
Yes, if the nuisance is an inevitable consequence of carrying out activities authorised by statute.
- 6
Is it a defence to private nuisance that the claimant came to the nuisance?
Model answer
No, this is generally not a defence.
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