R V F Flashcards
What is R V F ?
harm done because something has escaped from Ds land (land based tort)
Who defined R V F
Blackburn J in R V Reynolds
What did Blackburn J say?
“anyone who brings onto his land and keeps there anything likely to do mischief if it escapes, is answerable for all damage which is a natural consequence of its escape”
What did Lord Cairns add ?
element of non-natural use of land
What are the 4 elements of R V F ?
Bring onto land and accumulate (store)
a thing likely to do mischief
which amount to a non-natural use
thing stored escaped and caused foreseeable damage
Who is a potential C?
anyone with a legal interest in the land (Hunter V Canary Wharf)
Who is the potential D?
anyone w control over the land where the material is stored ( Read V Lyon’s)
What does the 1st element mean?
D must bring onto and store something that does not naturally occur there
What are the exceptions of bringing onto land and storing and cases?
thistles/weeds (Giles V Walker)
rainwater (Ellison V MOD)
What does the case of Transco V Stockport say about a thing likely to cause mischief ?
must recognise judged by relevant time and place there was an exceptionally high risk of danger should it escape
What are some examples of things likely to cause mischief?
electricity
poisonous fumes
tree branches
gas (Bachelor V Tunbridge Wells)
flag pole (Shiffman V Order St John)
What does Hale V Jennings Bro say
the damage must be foreseeable NOT the escape
What are the cases for damage caused by fire due to the accumulation ?
LMS International Ltd. V Styrene
Standard V Gore
What does non-natural mean ?
subject to change case law, risk and public benefit help decide
What does Cambridge Water V Eastern Counties Leather say ?
storage of chemicals is non-natural
