rylands v fletcher

Question 1

Quote for rylands v fletcher

Answer 1

‘A person who brings on his land and collects and keeps there anything likely to do mischief if it escapes, is liable, for all the damage which is the natural consequence of its escape’

Question 2

What elements need to be proven to claim under rylands v fletcher

Answer 2

1. Has to be the occupier
2. There is an accumulation
3. Potentially dangerous
4. An escape
5. Non-natural use of land
6. Damage is foreseeable

Question 3

Occupier: hunter v canary wharf

Answer 3

Must own or rent the land

Question 4

Occupier- wellers & Co v foot and mouth disease research institute

Answer 4

Virus escaped. Cattle auction tried to sue for loss of income. They had no interest in the land.

Question 5

Occupier- Smith v scott

Answer 5

Local authority let a house to a homeless family. Would not cause any trouble. Next door neighbour tried to sue. The LA can not be sued.

Question 6

Occupier- Rigby v chief constable of Northampton

Answer 6

Police attempted to capture a psychopath. Parked in a van. Released gas in a shop. Shop set on fire. R v f was applied.

Question 7

What is an accumulation

Answer 7

Something just has to be stored

Question 8

Likely to cause mischief

Answer 8

Likely to cause damage if it would escape

Question 9

Danger- hillier v air ministry

Answer 9

Electricity escaped. Electrocuted his cows.

Question 10

Damage- crowhurst v amersham burial board

Answer 10

Yew trees went over a boundary and poisoned animals in the adjacent field.

Question 11

damage- hale v jenning bros

Answer 11

chair-o-plane in fairground flew off and damaged adjoining land

Question 12

What is an escape

Answer 12

Anything leaving the premises

Question 13

Escape- Stannard v gore

Answer 13

Stack of tyres that caught on fire and damaged the claimants land. Only the fire that had escaped so not liable

Question 14

Escape- musgrove v pandelis

Answer 14

Fire in a garage from a cars petrol. Their has been negligence so a claim was allowed by the neighbouring property.

Question 15

Escape- read v Lyons

Answer 15

Claimant inspected munitions during WW2. Shell exploded injuring her. held not liable in R v F.

Question 16

What is non natural use of land

Answer 16

Land which is being used to store bulk

Question 17

Cambridge water v eastern counties leather

Answer 17

Spillage for many years, polluting the water. An chemical store is non natural use of land

Question 18

Transco v stockport

Answer 18

Ordinary user test

Question 19

Rickards v lothian

Answer 19

Taps turned on and plug holes blocked. Damaged flats below. not liable as water in natural use of land

Question 20

Mason v levy auto parts

Answer 20

Petroleum and paints stored in large quantities. Liable

Question 21

British celanese v hunt

Answer 21

Stored strips of metal foil which made electrical components. Blew up the land. Power failure. Not liable.

Question 22

Giles v Walker

Answer 22

Ploughed up land, thistles to grow, blow seeds in neighbours land. Thistles grew unnaturally. Not liable

Question 23

Crowhurst v amersham burial board

Answer 23

Trees introduced so not natural use. Liable

Question 24

Damage- transco

Answer 24

Confirmed that you can’t sue for personal injury

Question 25

Damage- cambridge water v eastern counties leather

Answer 25

‘The defendant must have known or ought to have reasonably foreseen that damage of the relevant type’

Question 26

Defences for R v F

Answer 26

Act of god- Nichols v marsland- heaviest ran fall in living memory
Act of a stranger- Perry v Kendricks transport- defendants parked their bus on their parking space. Stranger removed the fuel cap, child threw a match into the tank. Non liability.
Volenti- Peter v prince of Wales theatre- leased a shop next to the theatre. Icy weather broke the sprinkler in the theatre. Shop flooded. No claim.
Statutory authority- an act of parliament- green v Chelsea waterworks- water main laid by defendants. Not liable as obliged by statute to maintain a water supply.
Contributory negligence