Land (Rylands v Fletcher) Flashcards

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1
Q

rylands v fletcher

A

D hired builders to get a river build. flooded into amine and so C sued D for damages

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2
Q

storage

A

the thing must be brought and accumulated on D lands, must be naturally occurring

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3
Q

giles v walker

A

thistles from d’s garden infected C’s farm, was natural so D wasn’t liable

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4
Q

mischief

A

the thing must be likely to cause mischief if it escapes. doesn’t have to be dangerous but just cause damage.
chemicals, oils and branches

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5
Q

hale

A

seat from ride broke and injured some one off land

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6
Q

reasonably foreseeable

A

the thing must escape and cause reasonable foreseeable damage, the stored item must escape from one property onto an adjoining property

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7
Q

read v j lyons

A

explosive in factory causes death and injuries, not liable as on land

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8
Q

non-natural use

A

there needs to be a non-natural use of land, it must be an unusual/extraordinary use of land

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9
Q

damges

A
  1. act of god
  2. acts of strangers/third party
  3. consent
  4. statutory authority
  5. contributory negligence
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10
Q

act of god

A

extreme weather conditions that “No human foresight can provide against”

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11
Q

act of stranger

A

a defence can be available and the defendant will not be liable

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12
Q

consent

A

a person who consents to the accumulation cannot later complain when the thing escapes and damages the land

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13
Q

statutory authority

A

if the terms of an act of parliament authorise the defendant actions,this may amount t a defence

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14
Q

contributory negligence

A

this will reduce damages if c is partly to blame under the law reform

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