Rylands V Fletcher Flashcards
how to structure a R v F PQ
intro
who is D?
why?
who is C?
why?
what are they claiming for - what has been damaged?
all 4 elements
defences
remedies
conclusion
what type of tort is R v F?
strict liability tort
what are the 4 factors that need to be proven for a successful claim?
1.bringing onto the land and accumulation
2.thing must be likely to cause mischief when it escapes
3.it must be non natural use of the land
4. it just escape and cause RF damage that is not too remote to the adjoining property
what case decided the four factors?
Rylands v Fletcher
how is someone a claimant? + case for this
must have an interest in the land affected
Transco v stockport
how is someone a defendant? + case
D have some control over the land material is stored. Owner or occupier
Read v Lyon’s
When is something not an accumulation? + cases
When it is naturally present- Giles v Walker
When it naturally accumulates - Ellison v Ministry
description of the 2nd test and case?
“thing likely to do mischief if it escapes”
if doesn’t escape no claim
test means was the damage foreseeable - Hale v Jennings Bros
what is non natural use of land? + case
extraordinary or some unusual use of the land
storage of things associated with domestic use of land is normally not non natural - rickards v lothian
if there is public benefit is it non natural?
No - British celanese v A H Hunt
unless level of danger is exceptionally high - Cambridge water v eastern counties leather
What case to use for non natural use of land and what does it say?
Transco v stockport MBC - non natural is out of the ordinary, considering the time place and public benefit is not relevant personal injury isn’t relevant either.
what is the case for “must escape onto an adjoining property” 4th test
read v lyons
does a byproduct of the thing escaping fulfill the 4th test + case
no - stannard v gore
case for thing just cause RF damage that is not too remote?
cambridge water v eastern counties leather
defences for R v F
consent
contributory negligence
act of stranger
act it god
statutory authority
common benefit
