Rylands V Fletcher Flashcards

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1
Q

What type of Tort is Rylands v Fletcher

A

Strict liability

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2
Q

What are the 4 elements that must be proved for a successful claim

A
  1. The bringing onto land and accumulation
  2. Of a thing likely to cause mischief if it escapes
  3. Which amounts to a non-natural use of land
  4. Which does escape and causes unforeseeable damage to adjoining property
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3
Q

What must the claimant have?

A

An interest in the land ie. Tenancy, ownership

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4
Q

What must the defendant be?

A

An occupier or owner of the land

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5
Q

What are the rules regarding bringing onto land and accumulation

A

No liability for something which naturally accumulates land, Ellison v MoD
No liability for something naturally present on the land, Giles v Walker

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6
Q

What are the rules regarding the mischief if the thing escapes?

A

The damage caused has to be reasonably foreseeable not the escape

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7
Q

Was the mischief accepted in Rylands v Fletcher?

A

Yes, it was held water is likely to cause mischief if it escapes

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8
Q

Was the mischief accepted in Stannard v Gore

A

No, the tyres were not likely to cause mischief if escaped only the resulting fire was

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9
Q

What are the rules regarding a non natural use of land?

A

A use which is not common
Lord Bingham - ‘extraordinary and unusual’ in the particular circumstances and time

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10
Q

What case supports a non natural use of land?

A

Transco v Southport - was a natural use of land decided by Lord Bingham

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11
Q

What case is used for foreseeable damage?

A

Reads v Lyon - no escape so the claimant couldn’t claim

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12
Q

What defences are available to D?

A
  1. Consent - accept risk
  2. Contributory negligence - Sayer v Harlow
  3. Act of stranger - Perry v Kendrick’s LTD
  4. Act of God - Nicholas v Marshland
  5. Statutory authority
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