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Tort Law

Sanjay and Meera have just moved, with their baby, into their new home
on the outskirts of Derbyville to escape from the hustle and bustle of the
city. Their house has a small, converted barn which the previous owners
let occasionally. Sanjay and Meera decide that it will be perfect for
hosting extended family, so decide against renting it on a full-time basis.
Owen owns the farm next door to them. On the farm is a large
adventure theme park. It has obstacle-courses, slides and themed rides
and is open from March until November. It has been open for 10 years.
Owen is keen to extend his business and has secured planning
permission to convert a large out-building into an indoor go-kart track
that will run all year, even when the outdoor installations are not open.
The building that houses the go-kart track is right up against the
perimeter wall adjoining Sanjay’s and Meera’s garden.
The go-kart track proves very popular with older teenagers, but is very
noisy and the building has poor sound insulation.
Sanjay has a word with Owen about the noise, but Owen is dismissive
and tells the young couple to get lost. He starts to play loud rock music
to accompany the sound of the go-karting. The music continues beyond
the closing time of 8pm and often plays until 9pm each evening while
the site is cleaned and prepared for the next day. The noise interferes
with the baby’s sleep times and the lack of sleep is making it difficult for
Sanjay to work from home.
Owen stores chemicals in the back yard of his factory close to the wall of
the converted barn. One night after a thunderstorm, the tank storing
the chemicals is hit by lightning and this causes a fracture in the
container. The chemicals escape and leak into the converted barn
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apartment damaging the brickwork.
Meera’s mother who is staying in the apartment for the weekend to help
with the baby, touches the liquid thinking it is water. She suffers
chemical burns to her hand and her expensive coat is damaged beyond
repair.
Advise Owen as to his liability, if any, in the tort of private nuisance
and under the rule in Rylands v Fletcher

Full Answer Section

Loss of Amenity: The constant noise and potential fumes from the chemicals can significantly decrease the peaceful enjoyment of their property.

2. Rule in Rylands v Fletcher:

This rule applies when a dangerous thing escapes from a person's land and causes damage to a neighbor's property. Here, the following factors suggest Owen might be liable:

Dangerous Thing: The chemicals stored on Owen's property can be considered dangerous.
Escape: The leak due to a lightning strike could be considered an escape of the dangerous thing.
Damage: The leaked chemicals damaged the converted barn.

However, there are potential defenses for Owen:

Act of God: Owen could argue that the lightning strike was an act of God, an unforeseeable event beyond his control. However, the court might consider whether proper storage of chemicals could have prevented the damage despite the lightning.
Consent: If Sanjay and Meera were aware of the chemicals being stored and the potential risks, their consent could be a defense.

Additionally, Meera's mother's injury:

Owen might also be liable for personal injury to Meera's mother due to the chemical leak. This could fall under the occupier's liability or product liability depending on the specific jurisdiction.

Recommendations for Owen:

Noise Reduction: Owen should take steps to improve sound insulation in the go-kart track building and adhere to closing time noise restrictions.
Safer Chemical Storage: He should ensure proper and secure storage of chemicals to prevent future leaks and potential harm.
Seeking Legal Advice: It's crucial for Owen to seek legal advice to understand his potential liability and explore options for mitigating risks.

Conclusion:

Owen's actions have a high potential for liability under both private nuisance and Rylands v Fletcher. Taking steps to address noise and ensure safe chemical storage is crucial to avoid future issues with Sanjay and Meera, and potential legal ramifications.

Sample Answer

Owen's Potential Liability

Owen's actions could potentially make him liable to Sanjay and Meera under two legal doctrines:

1. Tort of Private Nuisance:

A private nuisance occurs when an unreasonable interference with a person's enjoyment of their property is caused. In this case, Owen's go-kart track could be considered a private nuisance for the following reasons:

Unreasonable Noise: The noise from the go-kart track and music extends beyond permitted hours and disrupts the reasonable enjoyment of Sanjay and Meera's property, particularly for a baby's sleep.