OCCUPIERS' LIABILITY, NUISANCE & THE RULE IN RYLANDS V FLETCHER

1. Occupier's Duty of Care

1.1. 1. Contractual

1.2. 2. Invitees

1.3. 3. Licensees

1.4. 4.Trespassers

2. Occupiers' Liability

2.1. An 'occupier' is a person who has control of a space, be it a house, garage, shop, restaurant, park or even an area of pavement.

3. Nuisance

3.1. 1. Public nuisance.

3.2. 2. Private nuisance.

3.3. 3. Physical damage.

3.4. 4. Amenity nuisance

3.5. 5. Public benefits of the defendant's activities

3.6. 6.The plaintiff's sensitivity

3.7. 7. Malice

4. Disticntion between public nuisance and private nuisance

4.1. 1. Public nuisance

4.2. 2. Private nuisance

5. The Rule in Rylands v Fletcher

5.1. The rule in Ryland v Fletcher originated from the tort of private nuisance and has since developed into seperate tort.