Revision Flashcards
What is the Definition for Rylands v Fletcher
A person who brings on his land and keeps there anything likely to cause mischief if it escapes is liable for the damage from its escape
What are the elements that need to be proven
Occupier and control of land
Accumulation
Likely to cause mischief
Escape
Non natural use
Foreseeable damage
Hunter v Canary Wharf
D must be owner or rent land or have interest in it
Transco v Stockport
Ordinary user test preferable to natural user
R V F- will not include claims for personal injury
Weller and co v Foot and Mouth Disease research
- virus escaped - ban place on livestock movement-
Claimants were cattle auctioneers sued for loss of income - failed as had no interest in the land
Crown river cruises v Kimbolton
A barge cold qualify as land
What is needed for accumulation
Something simple has to be stored on the land
Hale v Jennings bros
Chair o plane in a fairground flew of and damaged adjoining land
Crowhurst v Amersham burial board
- Yew trees went over a boundary and poisoned animals in adjacent field
Standard v Gore
D had stacks of tyres - caught on fire and damaged claimants land
Only fire escaped not accumulation of tyres so not liable
Fire damage only allowed is element of negligence
Read v Lyon’s
Claimant inspected munitions in factory. Shell exploded injuring her.
Not liable as no escape by the shell - must escape outside of land
Cambridge water v Easter counties leather
- storage of chemical on industrial premises - ‘classic case of non natural use’
Rickards v Lothian
Water in domestic pipes was a natural use of land
Mason v Levy Auto Parts
- Large quantities more likely to be a non natural use.
British cleaners v Hunt
Public benefit can sometimes be taken into account when deciding non natural use
Cambridge v eastern counties leather - damage quote
Defendant must have known or ought to have reasonably foreseen damage of the relevant type
Perry v Kendricks
Act of a stranger defence - stranger caused escape
Peters v prince of wales theatre
Vientiane (consent to risk) defence
Claimant leased a shop near theatre. Agreed to sprinkler system
Green v Chelsea waterworks
Statutory authority defence -
Act of parliament authorised defendant - have to maintain a water supply
