Rylands V Fletcher Flashcards
Rylands quote
‘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’
Rylands 6 points
-control
-accumulation
-mischief
-escape
-non-natural use
-damage is foreseeable
Hunter V Canary Wharf
Must have control/ interest in the land
Weller & co v foot and mouth disease research institute
No interest in land means no claim
Smith V Scott
Landowners cannot be sued for tenants actions
Rigby V Chief Constable of Northampton
Spread from a public place to a private place still applies
Crown river cruises V Kimbolton Fireworks
Barge could qualify as land
Hillier V Air ministry
Likely to cause mischief
Hale V jenning bros
Likely to cause mischief
Crowhurst V Amersham Burial Board
Likely to cause mischief
Stannard V Gore
Only the fire escaped, not the accumulation, so not liable unless negligent in damage
Musgrove V Pandelis
Fire spread, negligent and so liable
Read V Lyons
No escape means no claim
Cambridge Water V Eastern Counties Leather (2)
-Storage of chemicals was a ‘classic case of non-natural use’
-‘the defendant must have known or ought to have reasonably foreseen that damage of the relevant type’
Transco V Stockport (2)
-‘Ordinary user’ test preferable to natural user
-will not include claims for personal injury
