Rylands V Fletcher Flashcards
An action in private nuisance can be taken if…
The use of enjoyment of land is effected by something intangible coming from a neighbours land
If property is ‘damaged or destroyed’…
By something which comes from a neighbouring property, a different type of action has to be used. Claim in tort of rylands v fletcher
The four elements
1- The bringing onto the land and an accumulation (storage)
2- Of a thing likely to cause mischief if it escapes
3- Which amounts to the non-natural use of the land, and
4- Which does escape and cause reasonably foreseeable damage to adjoining property
If the thing in question is naturally present on the land there can be no liability
Giles V walker
There can be no liability for a thing that naturally accumulates on the land
Ellison V MOD
2- Of a thing likely to cause mischief if it escapes
The thing D brings into the land must be likely to do damage if it escapes and damage must be foreseeable.
Flag pole (Shiffman V The Grand Priory)
Branches from yew tress Crowhurts)
Fairground ride (Hale)
3- Which amounts to the non natural use of the land, and
Richards v Lothian
4- Which does escape and causes reasonably foreseeable damage to adjoining property
Read v Lyons
Cambridge Water Co v ECL
Damage caused by fire
Standard v Gore
Defences
•Consent- there will be no liability if C consented to the thing accumulated
•Act of stranger- D may not b liable if stranger who D has no control is the cause of damage (Percy V Kendrick’s)
•Act of god- defence succeed where extreme weather conditions no human foresight can provide again, weather must be foreseeable (Nichols v Marsland)
•Statutory authority- if the terms of an act of parliament authorise Ds actions, may amount to defence
•Contributory negligence- where c partly responsible for dangerous thing damages reduced under law reform act
Remedies
Compensatory damages- level of damages will be the cost of repair or replacement of the property damaged or destroyed
