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tort > rylands v fletcher > Flashcards

rylands v fletcher Flashcards

1
Q

what is it a tort of

A

strict liability

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2
Q

what damage is and is not compensated

A

damage to property not personal injury

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3
Q

what is it

A

a person who brings onto their land and keeps there a dangerous thing in the course of a non-natural use of the land is strictly liable for any damage caused by its escape.

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4
Q

burden of proof

A

C on balance of probabilities

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5
Q

who is the C

A

has legal interest in land

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6
Q

case for C

A

Transo v stockport

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7
Q

Transo v stockport facts (c)

A

C had an interest in the land as the owner of the affected gas main

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8
Q

defendant

A

person who has control over land on which dangerous thing is stored

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9
Q

defendant case

A

ryland v fletcher

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10
Q

ryland v fletcher facts (D)

A

water on his land escaped

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11
Q

D brings onto the land

A

D brings onto the land a substance, cannot be naturally present

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12
Q

case for brings onto land

A

Giles v walker

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13
Q

Giles v walker facts

A

accumulation of thistles was natural

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14
Q

dangerous thing

A

thing brought onto D’s land must be dangerous- likely to do damage if it escapes

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15
Q

what does dangerous thing include

A

things not inherently dangerous such as water if it poses an exceptional risk

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16
Q

case for dangerous thing

A

Hale v Jennings

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17
Q

Hale v Jennings facts

A

chair flew of fairground ride was dangerous

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18
Q

damage by fire

A

it must be the thing that fuels the fire which escapes and is dangerous

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19
Q

case for damage by fire

A

Stannard v Gore

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20
Q

Stannard v Gore facts

A

not liable as the tires were not exceptionally dangerous and had not escaped

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21
Q

where may liability arise in damage by fire other than the thing escaping

A

if the material stored poses a known fire risk

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22
Q

case for material with a known fire risk

A

LMS international v Styrene

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23
Q

LMS international v Styrene facts

A

fire started in factory that contained flammable material and spread to adjoining property

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24
Q

non natural use of land

A

D’s use of the land is extraordinary and unusual

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25
Q

case for non natural use

A

Transco v stockport

26
Q

Transco v stockport facts (non natural)

A

supplying water to flats was ordinary use of land

27
Q

what is considered a natural use

A

storage of things associated with domestic use of land

28
Q

what case gave a definition for non natural use

A

Rickards v Lothian

29
Q

Rickards v Lothian definition for non natural use

A

some special use bringing with it increased danger to others and is not merely the ordinary use of land

30
Q

case for storage of industrial chemicals

A

Cambridge water v ECL

31
Q

Cambridge water v ECL facts

A

bulk storage of chemicals was a non natural use

32
Q

are large quantities a non natural use and case

A

yes

R v F- water brought onto land to fill reservoir was non natural use

33
Q

escape

A

must be an escape from land that D controls to land they do not control

34
Q

case for escape

A

Read v Lyons

35
Q

Read v Lyons facts

A

injured by exploding shell, still on D’s premises so no escape

36
Q

damage

A

escaping thing must cause reasonably foreseeable damage

37
Q

case for reasonably foreseeable damage

A

Cambridge water v ECL

38
Q

Cambridge water v ECL facts (damage)

A

failed as it was not reasonably foreseeable C’s activities would contaminate D’s spring. it was too remote

39
Q

5 defences to rylands

A

act of stranger
act of god
statutory authority
consent
contrib neg

40
Q

act of stranger

A

not liable if escape caused by deliberate and unforeseen act of stranger

41
Q

act of stranger case

A

Perry v Kendricks

42
Q

Perry v Kendricks facts

A

not liable for explosions caused by third party placing lit match in petrol tanks

43
Q

act of god

A

natural event so enormous it cannot be foreseen or guarded against

44
Q

act of god case

A

Nichols v marsland

45
Q

Nichols v marsland facts

A

not liable as water escaped after a violent rainstorm

46
Q

statutory authority

A

not liable if escape occurs during activities authorised by act of parl

47
Q

statutory authority case

A

green v chelsea waterworks

48
Q

green v Chelsea waterworks facts

A

not liable as D had statutory duty to maintain supply of water r

49
Q

consent

A

no liability where C consented to the thing acculmulated

50
Q

consent case

A

Peters v prince of Wales theatre

51
Q

Peters v prince of Wales theatre facts

A

not liable for flood as the sprinkler system was installed for the benefit of both

52
Q

contrib neg

A

C partially responsible so damages may be reduced according to C’s extent of fault

53
Q

step 1

A

intro

  • define r v F
    -> person who brings and keeps on his land a dangerous thing in unusual circumstances is strictly liable for damages caused by its escape
54
Q

step 2

A

parties

-C and D

55
Q

step 3

A

accumulation

-brought onto land

56
Q

step 4

A

dangerous thing

57
Q

step 5

A

non natural use of land

58
Q

step 6

A

escape

59
Q

step 7

A

damage

60
Q

step 8

A

conclude

  • consider defences and success

tort (7 decks)

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