R V F Flashcards

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1
Q

What is the significance of the case Rylands v Fletcher?

A

It established liability for the escape of things brought onto land under certain conditions.

The case set a legal precedent for strict liability in tort law.

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2
Q

Who was the defendant in the case Rylands v Fletcher?

A

D, Rylands, a mill owner.

Rylands hired contractors to create a water reservoir for his mill.

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3
Q

What negligence did the contractors exhibit in Rylands v Fletcher?

A

They failed to block off disused mineshafts during excavations.

This negligence led to flooding of neighboring mines owned by C, Fletcher.

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4
Q

List the four key elements that must be established for liability in Rylands v Fletcher.

A
  • A ‘thing’ is brought onto the land and accumulated
  • The ‘thing’ is likely to cause mischief if it escapes
  • The storage amounts to a non-natural use of the land
  • The ‘thing’ escapes and causes foreseeable damage.

These elements outline the conditions under which strict liability applies.

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5
Q

What was the outcome of the case Rylands v Fletcher?

A

D was held liable for the flooding caused by the reservoir.

The case reinforced the principle of liability for harm caused by things brought onto one’s land.

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6
Q

What was the main issue in the case Hunter v Canary Wharf?

A

Interference with TV reception during the construction of Canary Wharf.

Residents in Docklands raised complaints regarding this interference.

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7
Q

What rule was established in Hunter v Canary Wharf regarding nuisance claims?

A

Only those with an interest in the land can bring an action in nuisance.

Loss of recreational facilities is not enough for a nuisance claim.

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8
Q

True or False: In Hunter v Canary Wharf, family members of landowners have the right to bring a nuisance claim.

A

False.

Only individuals with a legal interest in the land can bring such claims.

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9
Q

Fill in the blank: In Rylands v Fletcher, a ‘thing’ must be likely to cause _______ if it escapes.

A

mischief.

This condition is crucial for establishing liability.

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10
Q

What incident occurred in V Lyon’s case?

A

An inspector and workers were injured when a shell exploded in a munitions factory.

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11
Q

What does the term ‘escape’ mean in the context of R v F as explained by Viscount Simon?

A

An escape from a place where D has occupation or control over the land to a place outside his occupation or control.

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12
Q

What was the ruling in Giles v Walker regarding liability for weeds?

A

No liability where weeds spread onto neighbouring land as they were growing naturally.

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13
Q

What was the outcome of Ellison v MOD concerning rainwater accumulation?

A

Rainwater that accumulated naturally did not lead to liability when it escaped and caused flooding.

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14
Q

What incident led to liability in Hale v Jennings?

A

A ‘chair-o-plane’ car became detached and injured a stallholder.

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15
Q

What was the ruling in Bachelor v Tunbridge Wells regarding gas?

A

Gas is something that is likely to cause mischief.

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16
Q

What happened in Shiffman v Order St John?

A

A flagpole fell and hit the claimant, leading to liability for personal injury.

17
Q

What must D do to be liable in LMS International v Styrene?

A

D must have brought onto the land things likely to cause and/or catch fire.

18
Q

What was the ruling in Stannard v Gore regarding the fire incident?

A

C’s action was dismissed because the fire, not the tyres, escaped, and the tyres were not exceptionally dangerous.

19
Q

What happened in Rickards v Lothian that affected liability?

A

An unknown person turned on water taps, causing damage; D was not liable as the use of water was natural.

20
Q

What was the outcome in British Celanese v AH Hunt Ltd regarding metal strips?

A

The use of land was considered natural, and D was not held liable for strips blowing onto an electricity substation.

21
Q

What did the HofL decide in Cambridge Water v Eastern Countries Leather regarding chemical spillages?

A

The damage was not foreseeable and too remote from the site of the spillage.

22
Q

What is the legal case Transco PLC v Stockport M.B.C about?

A

A water leak exposed a gas main, requiring remedial work, and the claimant sought to recover the cost of the work

This case illustrates issues of liability and nuisance in property law.

23
Q

In legal terms, what does R v F refer to?

A

A special form of nuisance when the use of land is extraordinary and unusual

This definition highlights the circumstances under which a nuisance claim can be made.

24
Q

Fill in the blank: A claim in R v F is a special form of _______ when the use of land is extraordinary and unusual.

A

nuisance