Nuisance- Ryland V Fletcher Flashcards
What was the new and separate tort that rylands v fletcher created
Escape of substances held on land likely to be dangerous if escapes
What must the C have in order to make a claim
Interest in the land (be occupier/tenant)
What must the D be in order to have a claim made against them under R v F
Must be occupier or in control of the land
Who decided on the 4 elements of R v F
Blackburn J and the House of Lords
What are the 4 elements of R v F
- D brought something onto his land
- D made unnatural use of land
- Thing was likely to do mischief if escaped
- Thing did escape and cause damage
For elements 1 what must the thing be that was brought onto the land
Not naturally present e.g. gas/electric/chemicals/trees
What case was used for d brought something onto his land
Ryland v fletcher
Explain the elements of d made non natural use of land
It requires proof of extraordinary/unusual use of land, if d is use it for an ordinary purpose even if a non-natural substance is used- there is no claim
What case is used for d making a mom natural use of land and what is said
Transco v Stockport- nature of land and timing are relevant
Explain the element of likely to do mischief if escapes
Damage must be a forseeable consequence of the escape
What case was used for the element of thing likely to do mischief if escapes
Cambridge water v eastern countries leather
Explain the element of the thing did Escape and cause damage
Escape= substance move from property of d to property of c
Must be damage to property, no claim if it was personal injury
What did the Case of R v F said out the requirement of the thing escaping and causing damage
There will be no claim available if the thing doesn’t escape
What case is used for the thing did escape and cause damage
Wyvern tyres v gore
What are the 3 defences of R v F
- act of stranger
- act of god
- statutory authority
