Rylands V Fletcher Flashcards
What 4 elements should be included in the AO1?
- The bringing onto the land and accumulation
- Of a thing likely to cause mischief if it escapes
- Which amounts to a non-natural use of the land
- It escapes and causes reasonably foreseeable damage to the adjourning property
What is the ao1 for the parties involved?
Claimant - Must have interest in land affected (own or rent)
Defendant - Must be owner or occupier of land(British Celanese v Hunt) thing was under D’s control
What is the brief ao1 plan? (8 points)
-List 4 element
-The parties involved
-Thing that escaped must be brought onto the land
-The thing is likely to cause harm if it escapes
-The thing that escaped caused the damage
-The harm done must be foreseeable
-The non-Natural use of the land
-Defences
What should be described in the Ao1 for point 1/5 (The thing that escaped must be brought onto the land)
-The D must bring the thing onto the land accumulate it there. No liability if it naturally accumulates there. Giles v Walker
What should be described in the ao1 for point 2/5 (The thing is likely to cause harm if it escapes)
-It must be proven that it is likely to cause harm if it escapes. Hale V Jennings
What should be described in the ao1 for point 3/5 (The thing that escaped caused the damage)
It must be proven that the thing escaped has actually caused the damage Stannard v Gore
What should be described in the ao1 for point 4/5 (The harm done must be foreseeable)
The D must have foreseen that harm could be caused by the escaped substance or thing. Cambridge Water Co
What should be described in the ao1 for point 5/5 (The non-natural use of the land)
The storage of the thing must be non-natural. Mason v Levy Autoparts
What defences can be described?
-Volenti
-Act of a stranger
-Act of god
-Public Benefit
-Cs actions
What should be included in AO1 volenti?
No liability if the C consented to the thing which has accumulated upon the D’s land
What should be included in the AO1 Act of a Stranger?
If a stranger over whom the D has no control, has been the cause of the thing which escapes and causes the damage, then the D may not be liable. Perry v Kendricks
What is the AO2 split into?
-Claimant and Defendant
-Rylands v Fletcher Test
-Defences
-Remedies
What would be in the AO2 of Claimant/defendant
-The C is…
-The D is…
What would be in the AO2 of Rylands v Fletcher Test?
-How did D bring onto land and accumulate?
-Storage amounts to a non-natural use of land
-Did the thing escape (how)
-Did the thing that escaped cause damage to the C’s land?
-D could foresee harm could occur if thing escaped
What is the principle in Perry v Kendricks?
The act of a stranger was a defence as the D had no contrl over the thing that escaped.
