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#1
Report Thread starter 8 years ago
#1
I really need some help on this problem question. I'm slightly confused.

There are two farms, one belongs to C and the other to D. There's a boundary, which is a fence made out of wire and to wooden planks, which separates the farms. C has converted his into a holiday venture. Now, if, D omits any noxious smells along C's boundary, could C be held liable under the act.

I think C does have a duty of care….and he could put warnings signs along the fence to warn his customers not to come too close to the fence until the problems is sorted? He could also make a better fence maybe?

Can someone just clarify this to me.

Thanks
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#2
Report 8 years ago
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I'm not sure I understand how the Occupiers' Liability Act 1957 comes into it at all (I assume this is what you meant by OCA?) That only covers the liability of an occupier to his visitors, and people on C's side of the fence are not D's visitors.

Bear in mind I haven't done tort in 3 years but wouldn't a claim in private nuisance by C (assuming that the smells are ongoing), or in negligence by C's visitors (assuming they have suffered some loss), or public nuisance (if the smells disperse over a wide enough area), or under Rylands v Fletcher (if the smell is a dangerous thing arising from a non-natural use of land that has escaped), be more likely claims to succeed?
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