RYLANDS V FLETCHER Flashcards
1
Q
define
A
- d is liable if on his land they accumulate a dangerous thing in the course if a non-natural use of that land and that thing escapes and causes reasonably foreseeable damage
2
Q
1.
A
- claimants position
- legal interest
- hunter v canary wharf
3
Q
2.
A
- voluntarily bring the accumulation onto the land
- naturally present GILES V WALKER
4
Q
3.
A
- dangerous thing
- must pose ‘exceptional risk’
- TRANSCO
5
Q
4.
A
- non natural use
- ‘extraordinary’ and not ‘ordinary’ use of land
- TRANSCO
6
Q
5.
A
- c must show the substance escaped and moved from the land that d controls
- READ V LYONS AND CO
7
Q
6.
A
- reasonably foreseeable damage
- CAMBRIDGE WATER V EASTERN COUNTIES LEATHER
8
Q
DEFENCES
act
A
- of a stranger
- escape caused by deliberate act of a stranger
- RICKARDS V LOTHIAN
9
Q
DEFENCES
act of god
A
- natural unforeseen event
- NICOLS V MARSLAND
10
Q
DEFENCES
statutory
A
- authority
- occurs during activities authorised by AOP
- GREEN V CHELSEA WATERWORKS COMPANY
11
Q
REMEDIES
injunction
A
- order to prohibit or control activity
- miller v jackson
12
Q
REMEDIES
damages
A
- physical HUNTER V CANARY WHARF
- loss of use/enjoyment
