Rylands v Fletcher Flashcards
What are the 5 elements of the tort?
- D must bring/accumulate something onto their land
- That thing must be likely to cause mischief if it escapes
- Bringing/accumulating that thing must be a non natural use of the land
- Thing must escape and cause reasonably foreseeable damage
- C can sue D
D must control the land
Read v Lyons
Where owner has let land, the tenant has control of the land
Smith v Scott
If thing was already there before D or came onto land without D bringing it there, he cannot be liable
Ellison v Ministry of Defence
Must foresee damage if the thing escapes but not how foreseeable the escape is
Hale v Jennings
Where fire escapes and causes damage, D must have brought that fire onto his lane, not just objects that start or worsen fires
Stannard v Gore
Non natural use means some special use bringing with it an increased danger to others and has no benefit to society
Rickards v Lothian
Natural use of land and benefit to community/society
British Celanese v A H Hunt Ltd
If danger is so high then the use is considered non natural
Cambridge Water Co v Eastern Counties Leather
Escape means the thing goes into a place where D doesn’t have control
Read v Lyons
Damage must be reasonably foreseeable and not too remote
Cambridge water co v eastern counties leather
Only can be sued by those with proprietary interest in the land affected
Transco v Stockport MBC
Defences that can be used
Volenti
Contributory negligence
Statutory authority
Act of stranger
Act of God
Act of God is when escape is caused by a natural force which no human could foresee or prevent
Nichols v Marsland
Remedy
Damages
