Flash Cards UK Tory Ryland v Fletcher rule
What is the principle established in Ryland v Fletcher (1868)?
A person who brings something onto their land that is likely to cause harm if it escapes is strictly liable.
What was the outcome of Ryland v Fletcher (1868)?
The defendant was strictly liable for the escape of water.
What is the principle in Read v J. Lyons & Co Ltd (1947) regarding escape?
The escape of dangerous substances onto another person’s property can lead to strict liability.
What was the outcome of Read v J. Lyons & Co Ltd (1947)?
The claim was not successful as there was no escape of substance.
What is the principle in Transco v Stockport Metropolitan Borough Council (2004)?
The rule in Ryland v Fletcher is applicable where the defendant’s use of land causes an escape of a dangerous substance.
What was the outcome of Transco v Stockport Metropolitan Borough Council (2004)?
The House of Lords held that there was no strict liability in this case.
What is the principle in Ellison v Ministry of Defence (1997)?
Strict liability may apply to instances where the escape of something dangerous causes harm to another party’s land.
What was the outcome of Ellison v Ministry of Defence (1997)?
The defendant was held strictly liable for the escape of dangerous materials.
What is the principle in Giles v Walker (1890)?
The rule in Ryland v Fletcher applies to dangerous things that escape from one’s land and cause damage.
What was the outcome of Giles v Walker (1890)?
The court found no liability under Ryland v Fletcher as thistles were not a dangerous thing under the rule.
What is the principle in Rickards v Lothian (1913)?
The rule applies only when the defendant uses land in a non-natural way that is likely to cause harm if something escapes.
What was the outcome of Rickards v Lothian (1913)?
The court ruled that the use of the plumbing system was natural and not subject to the rule.
What is the principle in North London Gas Co v Shepherd (1908)?
The rule in Ryland v Fletcher applies when a dangerous substance escapes from land and causes damage.
What was the outcome of North London Gas Co v Shepherd (1908)?
The court held that the gas company was liable under Ryland v Fletcher for the escape of the gas.
What is the principle in Cambridge Water Co Ltd v Eastern Counties Leather plc (1994)?
Damage caused by the escape of dangerous substances must be foreseeable to establish liability under the rule in Ryland v Fletcher.
What was the outcome of Cambridge Water Co Ltd v Eastern Counties Leather plc (1994)?
The court ruled the damage was not foreseeable and dismissed the claim.
