Question
Andrew lives in a residential property near a football stadium in the heart of a small city. When Andrew moved into his house ten years
Andrew lives in a residential property near a football stadium in the heart of a small city. When Andrew moved into his house ten years ago, the local football team was not highly ranked, and games were not well attended. Since then, an American movie star has invested in the team and their comeback has been filmed for a TV special, which has attracted a lot of attention. The football team's weekly matches now attract large crowds of enthusiastic fans. The team's owner, Lee, (who also owns the stadium) has also introduced new pre-match and post-match festivities, including live music performances, cheering zones, and food stalls on the lot adjacent to the stadium to enhance the overall fan experience.
Andrew hates football and is increasingly frustrated by the noise and vibrations caused by the stadium activities, especially during late-night events. The constant loud cheering, amplified music, and rowdy behaviour of the fans are impacting his ability to sleep and enjoy quiet time at home.
Lee rents the vacant lot next door to the stadium from the local council to accommodate food stalls on game days. On the other side of the lot, Smita owns a garden centre. The noise and fumes from the food stalls have killed some of her plants on that side of the property. In addition, her most delicate orchids, even when moved into a protected area, will no longer flower, making them unsellable.
Lee has also commissioned giant inflatables displaying the team's logo, which are tethered above the stadium on game days. One day, very unexpectedly and despite great care taken to prevent this, one balloon is pulled loose by strong winds. It floats over to the local radio station's broadcasting tower and causes damage to it before sustaining a puncture. Nivya, a pedestrian walking by the radio tower, looks up to see what is making a loud hissing noise just as the balloon deflates and crashes to the ground, injuring her.
Advise Andrew, Smita, the local radio station and Nivya about whether they can seek a remedy against any party in the tort of private nuisance and/or under the rule in Rylands v Fletcher.
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