rylands v fletcher Flashcards
What type of tort is r v f?
strict liability tort - doesn’t look into their intent or prevention.
How can r v f be defined?
a land based tort caused by a case of a reservoir burst which caused flooding. lord blackburn states the true law is someone who ‘for his own purpose, brings onto his land and collects and keeps anything likely to do mischief if it escapes’.
What do other lords say about this tort?
the use of land should be non natural or further added as extraordinary.
What is first asked?
whether the d controls the land from which the problem occurred (interest)
What is step 2?
whether d brought the ‘thing’ onto their land for their own purposes (dunne).
What is lastly asked about the d?
whether the ‘thing’ would be likely to cause mischief if it escapes. *doesn’t need to be likely of it escaping, but just causing mischief.
What is a key case for step 3 if it is a substance?
elison v mod: where rainwater caused mischief.
After the 3 steps are asked, what is next?
whether the use of land was non natural or extraordinary during those circumstances.
What is the key case which goes with extraordinary use?
transco: seen by House of Lords as a ‘normal’ use of land.
What may show the use is abnormal?
- proximity to others (meaning r v f would not apply if normal)
What needs to be shown about the damage?
damage was a natural consequence of the escape.
What is the legal causation for r v f?
damage has to be reasonably foreseeable (Cambridge - chemicals seeped through).
What are the main defences for r v f?
- common benefit
- act of a stranger
- act of god
- c’s fault
What is the act of a stranger? Give the case!!
where an unknown person causes the harm (perry v kendricks - third party set their coach on fire).
What is the act of god? Give the key case!
where natural events cause the harm (nichols v marsland - conditions so extreme, court held no liability).
