Rylands v Fletcher Flashcards
What is the rule in Rylands v Fletcher
D is liable if, on his land, they accumulate a dangerous thing in the course of a non-natural use of that land, and the thing escapes and causes reasonably foreseeable damage.
What are the 6 elements in Rylands v Fletcher
Claimants legal position, accumulation, dangerous thing, non natural use, escape and reasonable foreseeable damage
What is meant by Cs legal position in Rylands v Fletcher
C requires a legal interest in the land effected by the escape, this can either be through owning it, having some control or having money invested
What case would you use for Cs legal position in Rylands v Fletcher
Transco
What is meant by accumulation in Rylands v Fletcher
D must voluntarily bring bring onto his land an accumulation of the subject that escaped
What must the accumulation be in Rylands v Fletcher
An artificial accumulation that must be on the land controlled by D
What case would you use for accumulation in Rylands v Fletcher
Giles v Walker
What is meant by dangerous thing in Rylands v Fletcher
The substance accumulated must be dangerous and likely to do mischief if it escapes which the damage created would be reasonably foreseeable
What kind of materials can satisfy dangerous thing in Rylands v Fletcher
Hazardous materials and non hazardous materials if stored in bulk
What case would you use for dangerous thing in Rylands v Fletcher
Hale v Jennings bros
What is meant by non natural use in Rylands v Fletcher
An extraordinary use of land hat is not ordinary , this does not mean man made or artificial
What case would you use for non natural use
Rickards v Lothian
What is meant by escape in Rylands v Fletcher
C must show that the substance escaped and moved on to a land that the D does not control
What case would you use for escape in Rylands v Fletcher
Read v Lyons & Co
What is meant by reasonably foreseeable damage
Only damage that is reasonable foreseeable can be recovered
What case would you use for reasonably foreseeable damage in Rylands v Fletcher
Cambridge water v eastern counties leather
What are the 5 defences that can be used in Rylands v Fletcher
Act of god, act of stranger, statutory authority, common benefit and Cs own fault
What is meant by act of god as a defence in Rylands v Fletcher
A natural event so enormous that it cannot be either foreseen or guarded against, D is not liable for an escape caused by an act of god as there is nothing they could have done to stop it
What case would you use for act of God as a defence in Rylands v Fletcher
Nichols v Marsland
What is meant by act of stranger as a defence in Rylands v Fletcher
D is not liable if the escape is caused by the deliberate and unforeseen act of a stranger, someone D has no control of
What case would you use for act of stranger as a defence in Rylands v Fletcher
Rickards v Lothian
What is meant by statutory authority as a defence in Rylands v Fletcher
D is not liable if the escape occurs during activities authorised by an act of parliament, provided D is not negligent
What case is used for statutory authority as a defence in Rylands v Fletcher
Green v Chelsea waterworks company
What is meant by common benefit as a defence in Rylands v Fletcher
If escape relates to something being maintained for common benefit of C and D , the D is not liable
What case would you use for common benefit as a defence in Rylands v Fletcher
Peters v prince of wales theatre
What is meant by Cs own fault as a defence in Rylands v Fletcher
The escape is due to an action partaken by the C
What case would you use for Cs own fault as a defence in Rylands v Fletcher
Dunn v Birmingham Canal co
When will Cs damages be reduced
The escape was partly their fault, or the damage is made worse due to the highly sensitive nature of his own property
What are the 2 ways the Cs own fault could be used as a defence in Rylands v Fletcher
Consent and contributory negligence
What is consent under Cs own fault as a defence in Rylands v Fletcher
There will be no liability where the C has consented to the thing being accumulated by D
What case would you use for consent under Rylands v Fletcher
Peters v prince of wales theatre
What is under contributory negligence Cs own fault as a defence in Rylands v Fletcher
Where the C is partly responsible for the escape of the thing, the damage is reduced according to the Cs level of blame
What are the 2 ways you can be remedied in Rylands v Fletcher
Injunctions and damages
What are injunction under Rylands v Fletcher
Order prohibiting or strictly controlling an activity however it will not be granted where there is public interest for the activity to continue
What case would you use for injunctions for Rylands v Fletcher
Miller v Jackson
What are the two type of damages under Rylands v Fletcher
Physical damage and loss of use
What is meant by loss of use under damages in Rylands v Fletcher
Damages are equal to the loss of value to the land
What case would you use for loss of use under damages for Rylands v Fletchers
Hunter v Canary wharf
What is meant by physical damages under damages in Rylands v Fletcher
Damages are awarded for consequential damage to land, plants, buildings and goods
