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.
What would be in the Ao2 of Defences?
-Volenti - why C consented
-Contribution of the C - How the C contributed to the damage
-Act of a stranger - Who is stranger what they did and does D have control
-Act of god - Was this extreme weather and why was this unforeseen
-Common benefit - Why thing on land used for common benefit
What would be included in remedies AO2?
-What was the damage
-State that if claim successful C get compensatory damages to cover cost of repair or replacement of property
What is the principle of British Celanese v Hunt?
Strip of foil escaped factory which was under Ds control
What is the principle of Giles v Walker?
No liability for naturally occurring things
What is the principle of Mason v Levy Autoparts?
The storage of large quantities is classed as non-natural use of land
What is the principle of Cambridge Water co?
The damage was too remote so not foreseeable
What is the principle of Stannard v Gore?
The D must bring something dangerous onto the land which escapes and causes damage, here the fire escaped not the tyres
What is the principle of Hale v Jennings?
The owner of the ride was liable as it was foreseeable that injuries would occur if a chair escaped
