Tam bought a cottage in the countryside to live in. His only neighbour was a factory, owned and operated by Ursula. Ursula's factory produced specialist fertilisers which were popular with farmers growing high quality crops. Ursula operated her factory every weekday, often well into the evenings, and Tam could hear the machinery constantly, several times a week, powerful chemical smells blew across Tam’s property from the factory, and he was unable to work in his garden or open his windows. When Tan complained, Ursula responded by beginning operations through the weekend as well.
Ursula kept a large storage tank for chemicals on the land at the back of her factory. During an unusually violent storm, the tank toppled over and the chemicals leaked into a stream that also ran through Tam’s garden. The resulting contamination badly damaged the soil in the garden.
Consider Tams rights and remedies against Ursula in relation to the operation of her factory and in relation to the damage to Tams garden