268 Chapter 9Nuisance, trespass, defamation and vicarious liability
‘employer’ of an independent contractor will not be liable unless he is himself negligent, for
example by appointing an obviously incompetent contractor, or unless the duty delegated
was a kind of duty where responsibility cannot be delegated. Statute creates several non-
delegable duties which are generally rather technical.Breach of statutory duty
In some cases a statute may impose duties without mentioning civil sanctions. In such a
situation a person who has suffered harm as a result of a breach of the statutory duty might
try to sue in tort. To succeed, he must show that Parliament intended liability in tort to
ensue, despite its not having mentioned such liability in the statute.
It is essential that the legislation in question imposes an obligation upon the defendant.
The claimant must also show that he was within a class which was intended to benefit
from the statute, and that the statute indicates that Parliament intended to give a right to
sue if the statute was breached.Time limits for tort remedies
A claim under the Consumer Protection Act 1987 Part I must be brought within three years
of the loss becoming apparent. There is also an absolute time limit of ten years from the date
when the product was supplied.
As regards the common law torts considered in this and the previous chapter, the following
rules apply. An action which is not for personal injuries must be brought within six years of
the date when the right to sue arose (s. 2 of the Limitation Act 1980). However, in cases where
the damage does not become apparent for some time after it was caused, there may be an
alternative period of three years from the date when the claimant knew about the damage,
with a long-stop period of 15 years from the commission of the tort (s. 14 of the Limitation
Act 1980). In cases of defamation the time limit is one year unless the court grants an extension.
A claim for personal injuries must be brought within three years of either the date of the
commission of the tort or the date when the claimant knew of the injury and that it was
caused by a defendant who could be identified (s. 11 of the Limitation Act 1980). However,
in cases of battery where the injury was deliberately inflicted the period is six years.
Time does not run against people under the age of 18 until they reach the age of 18. Time
does not run against people with mental disorders (within the meaning of the Mental
Health Act 1983) who are incapable of managing their affairs.
In the case of claims based on fraud, or where the defendant deliberately conceals the
claimant’s right to sue, time does not run against the claimant until the fraud is discovered
or should have been discovered.Essential points
n Private nuisance is an unreasonable interference with a claimant’s land or with a
claimant’s use or enjoyment of land.
n Only an owner of land, or a person with a right to be in possession of land, can sue in
private nuisance.