Rylands v Fletcher Flashcards
What is Rylands v Fletcher?
A strict liability tort where the escape of non-naturally stored material into adjoining property damages or destroys that property
Read 1947
C must have a legal interest in the land to sue
C must have a legal interest in the land to sue
Read 1947
Miles 1918
the thing that escapes doesn’t have to be the thing that accumulates
the thing that escapes doesn’t have to be the thing that accumulates
Miles 1918
Elements of Rylands v Fletcher
- an accumulation of a thing
- thing must be likely to cause mischief if it escapes
- storage is a non-natural use
Unnatural definition
A special use bringing increased danger to others
Rickards v Lothian 1913
Storage of things associated with the domestic use of the land is unlikely to be unnatural, even though they may be potentially hazardous
Storage of things associated with the domestic use of the land is unlikely to be unnatural, even though they may be potentially hazardous
Rickards v Lothian 1913
Ellison v Ministry of Defence 1997
Ellison v Ministry of Defence 1997
