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Despite a relationship appearing as one of employer and independent contractor, if the relationship has the characteristics of a contract of service, a contract of employment the courts may find...

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Key Case | Barclays v Multiple claimants (2020) | Vicarious Liability - Relationship of Employment

When considering whether the defendant made a ‘non-natural’ use of land, this element will only be satisfied where it can be proven that a defendant’s use of land was...

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Key Case | Transco PLC v Stockport MBC (2003) | Rylands v Fletcher

In this case the courts established a new tort, as an extension of nuisance, whereby a defendant is liable if they bring onto land a thing likely to do mischief...

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Key Case | Rylands v Fletcher (1868) | Rylands v Fletcher

The existence of planning permission does not automatically prevent in a claim in nuisance, though it may be relevant to the discussion of reasonableness. In terms of remedies: whilst an...

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Key Case | Coventry v Lawrence (2014) | Nuisance – Defence of Planning Permission

When determining whether the defendant’s use of land is reasonable, the intention of the defending party is relevant to the outcome, malice behind acts may render them unreasonable and...

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Key Case | Hollywood Silver Fox Farm v Emmett (1936) | Nuisance – Motive of the Defendant

When determining unreasonableness in nuisance, the nature and character of the locality will be taken into consideration.

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Key Case | Fearn v Tate Gallery (2019) | Nuisance - Location

A defendant may still be liable in nuisance even where they did not create the activity amounting to a nuisance, but whereby there are seen to have adopted it.

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Key Case | Sedleigh Denfield v O’Callaghan (1940) | Nuisance – Adopting the Nuisance

Occupiers of premises owe a duty of care to keep the premises reasonably safe to children, this duty does not extend to making parents aware of dangers which are clear...

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Key Case | Bourne Leisure v Marsden (2009) | Occupiers Liability – Child Visitors

A rescuer can be regarded as a primary victim as aid and rescuers are a foreseeable consequence of the negligent acts of defendants, particularly where the rescuer was directly involved...

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Key Case | Chadwick v British Rail (1967) | Negligence - Psychiatric Damage - Rescuers

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