(RED) Rylands V Fletcher Flashcards
Quote
“A Person who brings on his land and collects and keeps there anything likely to do mischief if it escapes, is liable. for all the damage which is the natural consequence of it’s escape”
elements to be proven
control
accumulation
mischief
escape
non-natural use
damage forseeable
Hunter v Canary wharf
control/occupier
must have interest in land - own or rent it
Weller & Co v Foot and mouth disease research institute
Escape of virus banned movement of livestock - cattle auctioneers tried to sue for loss of income
Have to have an interest in the land
Smith v Scott
Local authority let house to homeless family
Control was with tenants - LA couldn’t be sued
Rigby v Chief constable of Northhampton
Police released gas into shop - shop set on fire
R v f applied even though van on. Highway
Crown river cruises v Kimbolton Firreworks
Barge could qualify as land for R v F
Hillier v air ministry
Electricity escaped
Wouldn’t normally cause damage if didn’t escape
Crowhurst v Amersham burial board
Yew trees poisoned neighbouring animals
Wouldn’t normally cause damage if didn’t escape
Hale v Jennings bros
chair o plane
Wouldn’t normally be dangerous if didn’t escape
Stannard v gore
Tires, fire escaped not tires - must be some negligence
Musgrove v pandelis
Fire from cars petrol, negligence - claim allowed
Read v Lyon’s
Shell explode at work - no escape
Cambridge water v eastern counties leather
Storage of chemicals “classic case of non natural use’
Transco v Stockport
‘Ordinary user’ test - preferable to natural user
Richard v Lothian
Water in domestic pipes natural use of land
Mason v levy auto parts
Petroleum and paints in large quantities - non natural
Public benefit
British celanse v hunt - strips of metal foil for electrical components
Giles v walker
Ploughed land, thistles grew and blew into neighbours land - NL, grew naturally
Damage
Transco v Stockport - not include personal injury
Cambridge water v Eastern counties leather - ‘ the defendant must have known or ought to have reasonably foreseen the damage of the relevant type
Defences
Act of god
Act of a stranger
Volenti
Statutory authority
Contributory
Act of god
Nichols v marsland - heaviest rain in living memory swept over neighbours bridges
Act of stranger
Someone occupier has no control over causes escape
Perry v Kendrick’s transport: removed fuel cap, child throw match in tank, another child injured
Volenti
Consent
Peters v prince of wales theatre: agreed to sprinkler system on neighbouring property that later caused flood
Statutory authority
Act of parliament authorises action
Green v Chelsea waterworks - water supply burst - obligated by statute to maintain supply
Occupier
Hunter v Canary Wharf - interest, own or rent
Weller and co v foot and mouth disease institute - interest
Smith v Scott - control
Rigby v chief constable of Northampton - r v f even on highway
Crown river cruises v kimbolton fireworks - barge
Accumulation
Something stored on land
Mischief/danger
Hillier v air ministry - electricity
Crowhurst v Amersham burial board - yew trees
Hale v Jennings bros - chair o plane
Escape
Stannard v gore - fire escaped not tires, need some neg
Musgrove v pandelis - fire from car petrol - neg
Read v Lyon’s - shell exploded - no escaped
Non natural
Cambridge water v eastern counties leather - ‘classic case of non natural use’
Transco v Stockport - ordinary user
Richard v Lothian - water in pipes natural
Mason v levy auto parts
