Rylands V Fletcher Flashcards
What is the definition of Rylands v fletcher?
A strict liability tort where the D will be liable for the escape of the thing they have accumulated on their land and used in a non-natural way
What is a strict liability tort?
The D does not need to prove their is knowledge or intention
Who can make a claim?
Somebody with proprietary interest
Hunter V Canary Wharf
Who is a defendant?
Somebody who has sufficient control over the land
Read V Lyons
What is accumulation?
Collecting and storing on the land
What is bringing a thing on the land?
The thing must have been brought onto the land by the defendant, if the thing is naturally occurring there will be no liability
Giles V Walker
What is considered as mischief?
The ‘thing’ brought onto the land must be likely to cause mischief if it escape .
It must be foreseeable for the thing brought onto the land to cause mischief if it escapes not the escape itself
Half V Jennings Bros
What is a non natural use of land?
An extraordinary use of land
-locality
- quantity
- storage
Transco V Stockport metropolitan BC
What are the rules with damage caused by fire?
The thing must escape with the fire
1. the thing that was accumulated had escaped
2. there is an extraordinary use of land
3. the fire mustbbe deliberately or negligently started by the occupier
Stannard V Gore
What defences can be used?
- act of stranger
- act of gof
- volenti
- statutory authority
- contributory negligence
