rylands v fletcher Flashcards
what are the 4 points of rylands
the bringing onto the land an accumulation or storage
of a thing likely to cause mischief if it escapes
which amounts to a non-natural use of the land
which does escape and causes reasonably foreseeable damage to adjoining property
Explain rylands v fletcher
workers failed to block off mineshafts when working and they flooded causing damage to neighbouring land
who is a potential claimant
anyone who as an interest in the land affected
who is a potential defendant
the owner or occupier of the land that satisfies the four tests to rylands
what cases is used for the bringing onto the land
Giles v Walker, Ellison v ministry of defence
What happened in Giles v Walker
weeds spread to a neighbouring land and naturally grew there
no liability
Explain Ellison v ministry of defence
rainwater caused a flooding, rainwater naturally occurs so there was no liability
What is the test for it to likely cause mischief
The damage caused must be foreseeable not the escape
What cases is used for causing mischief
Hale v Jennings Bros, stannard v gore
Explain Hale v Jennings Bros
A fairground ride became detached and caused injury, decided that it was likely to cause injury if the ride came loose
successful
Explain stannard v gore
A fire from tyres escaped and caused damage to neighbouring property
First found liable then not as the tyres were not dangerous or mischievous
What case is used for non natural use of the land
Cambridge water v leather
Explain Cambridge water v leather
chemicals were stored in a factory and spread to pollute
the storage of chemicals was a non natural use of the land as it was always dangerous
what case is sued for the thing escaping
Read v Lyons
Explain Read v Lyons
an inspector was injured when a bomb went off in a munitions factory
not liable as the thing must escape to somewhere beyond the defendants occupation or control
What defences are available
Consent, act of a stranger, act of god, statutory authority and contributory negligence
Explain consent
no liability where claimant consented to the thing
Explain act of a stranger
if someone the defendant has no control over causes the escape there is no liability
Explain act of god
no liability if something happens beyond human control
Explain statutory authority
an act of parliament authorising the actions can be a defence
Explain contributory negligence
damages would be reduced if the claimant was involved in the escape of the thing
What was suggested to replace rylands and by who
Pearson commission said it should be replaced with a statutory scheme for injuries suffered in hazardous activities
