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(THUR) Tort > (RED) Rylands V Fletcher > Flashcards

(RED) Rylands V Fletcher Flashcards

1
Q

Quote

A

“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”

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2
Q

elements to be proven

A

control
accumulation
mischief
escape
non-natural use
damage forseeable

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3
Q

Hunter v Canary wharf

A

control/occupier
must have interest in land - own or rent it

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4
Q

Weller & Co v Foot and mouth disease research institute

A

Escape of virus banned movement of livestock - cattle auctioneers tried to sue for loss of income
Have to have an interest in the land

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5
Q

Smith v Scott

A

Local authority let house to homeless family
Control was with tenants - LA couldn’t be sued

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6
Q

Rigby v Chief constable of Northhampton

A

Police released gas into shop - shop set on fire
R v f applied even though van on. Highway

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7
Q

Crown river cruises v Kimbolton Firreworks

A

Barge could qualify as land for R v F

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8
Q

Hillier v air ministry

A

Electricity escaped
Wouldn’t normally cause damage if didn’t escape

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9
Q

Crowhurst v Amersham burial board

A

Yew trees poisoned neighbouring animals
Wouldn’t normally cause damage if didn’t escape

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10
Q

Hale v Jennings bros

A

chair o plane
Wouldn’t normally be dangerous if didn’t escape

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11
Q

Stannard v gore

A

Tires, fire escaped not tires - must be some negligence

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12
Q

Musgrove v pandelis

A

Fire from cars petrol, negligence - claim allowed

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13
Q

Read v Lyon’s

A

Shell explode at work - no escape

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14
Q

Cambridge water v eastern counties leather

A

Storage of chemicals “classic case of non natural use’

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15
Q

Transco v Stockport

A

‘Ordinary user’ test - preferable to natural user

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16
Q

Richard v Lothian

A

Water in domestic pipes natural use of land

17
Q

Mason v levy auto parts

A

Petroleum and paints in large quantities - non natural

18
Q

Public benefit

A

British celanse v hunt - strips of metal foil for electrical components

19
Q

Giles v walker

A

Ploughed land, thistles grew and blew into neighbours land - NL, grew naturally

20
Q

Damage

A

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

21
Q

Defences

A

Act of god
Act of a stranger
Volenti
Statutory authority
Contributory

22
Q

Act of god

A

Nichols v marsland - heaviest rain in living memory swept over neighbours bridges

23
Q

Act of stranger

A

Someone occupier has no control over causes escape
Perry v Kendrick’s transport: removed fuel cap, child throw match in tank, another child injured

24
Q

Volenti

A

Consent
Peters v prince of wales theatre: agreed to sprinkler system on neighbouring property that later caused flood

25
Q

Statutory authority

A

Act of parliament authorises action
Green v Chelsea waterworks - water supply burst - obligated by statute to maintain supply

26
Q

Occupier

A

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

27
Q

Accumulation

A

Something stored on land

28
Q

Mischief/danger

A

Hillier v air ministry - electricity
Crowhurst v Amersham burial board - yew trees
Hale v Jennings bros - chair o plane

29
Q

Escape

A

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

30
Q

Non natural

A

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

(THUR) Tort (8 decks)

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