rylands v fletcher Flashcards
what is it a tort of
strict liability
what damage is and is not compensated
damage to property not personal injury
what is it
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.
burden of proof
C on balance of probabilities
who is the C
has legal interest in land
case for C
Transo v stockport
Transo v stockport facts (c)
C had an interest in the land as the owner of the affected gas main
defendant
person who has control over land on which dangerous thing is stored
defendant case
ryland v fletcher
ryland v fletcher facts (D)
water on his land escaped
D brings onto the land
D brings onto the land a substance, cannot be naturally present
case for brings onto land
Giles v walker
Giles v walker facts
accumulation of thistles was natural
dangerous thing
thing brought onto D’s land must be dangerous- likely to do damage if it escapes
what does dangerous thing include
things not inherently dangerous such as water if it poses an exceptional risk
case for dangerous thing
Hale v Jennings
Hale v Jennings facts
chair flew of fairground ride was dangerous
damage by fire
it must be the thing that fuels the fire which escapes and is dangerous
case for damage by fire
Stannard v Gore
Stannard v Gore facts
not liable as the tires were not exceptionally dangerous and had not escaped
where may liability arise in damage by fire other than the thing escaping
if the material stored poses a known fire risk
case for material with a known fire risk
LMS international v Styrene
LMS international v Styrene facts
fire started in factory that contained flammable material and spread to adjoining property
non natural use of land
D’s use of the land is extraordinary and unusual
case for non natural use
Transco v stockport
Transco v stockport facts (non natural)
supplying water to flats was ordinary use of land
what is considered a natural use
storage of things associated with domestic use of land
what case gave a definition for non natural use
Rickards v Lothian
Rickards v Lothian definition for non natural use
some special use bringing with it increased danger to others and is not merely the ordinary use of land
case for storage of industrial chemicals
Cambridge water v ECL
Cambridge water v ECL facts
bulk storage of chemicals was a non natural use
are large quantities a non natural use and case
yes
R v F- water brought onto land to fill reservoir was non natural use
escape
must be an escape from land that D controls to land they do not control
case for escape
Read v Lyons
Read v Lyons facts
injured by exploding shell, still on D’s premises so no escape
damage
escaping thing must cause reasonably foreseeable damage
case for reasonably foreseeable damage
Cambridge water v ECL
Cambridge water v ECL facts (damage)
failed as it was not reasonably foreseeable C’s activities would contaminate D’s spring. it was too remote
5 defences to rylands
act of stranger
act of god
statutory authority
consent
contrib neg
act of stranger
not liable if escape caused by deliberate and unforeseen act of stranger
act of stranger case
Perry v Kendricks
Perry v Kendricks facts
not liable for explosions caused by third party placing lit match in petrol tanks
act of god
natural event so enormous it cannot be foreseen or guarded against
act of god case
Nichols v marsland
Nichols v marsland facts
not liable as water escaped after a violent rainstorm
statutory authority
not liable if escape occurs during activities authorised by act of parl
statutory authority case
green v chelsea waterworks
green v Chelsea waterworks facts
not liable as D had statutory duty to maintain supply of water r
consent
no liability where C consented to the thing acculmulated
consent case
Peters v prince of Wales theatre
Peters v prince of Wales theatre facts
not liable for flood as the sprinkler system was installed for the benefit of both
contrib neg
C partially responsible so damages may be reduced according to C’s extent of fault
step 1
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
step 2
parties
-C and D
step 3
accumulation
-brought onto land
step 4
dangerous thing
step 5
non natural use of land
step 6
escape
step 7
damage
step 8
conclude
- consider defences and success
