Rylands V Fletcher Flashcards
Rylands v Fletcher
A strict liability tort concerned with damage caused to neighbouring land as result of escape
No accumulation as the thistles grew wild
Giles v Walker
Transco PLC v Stockport
Ordinary user is preferable test so that this element is satisfied only where D’s use is shown to be extraordinary and unusual
Richards v Lothian
Domestic water pipes were not a non-natural use of land
Courts can consider amount and method of storage
Mason v Levy Autoparts
Transco PLC V Stockport
Objectively it must be shown that D ought reasonably to have recognised as giving rise to an exceptionally high risk of danger however unlikely the escape might be
“An escape from a place where D has occupation or control to a place which is outside of his occupation or control”
Read V Lyons
It is a requirement that the damage to the adjoining property must be reasonably foreseeable
Cambridge Water Company V Eastern Countries Leathers
Foreseeability of the type of damage is required
The Wagon Mound
Acts of a stranger
Perry V Kendrick’s Transport
Defence may succeed where there are extreme weather conditions that ‘no human foresight can provider against’
Nicholas v Marsland
Only recover for damage which is reasonably foreseeable
The Wagon Mound
