Rylands v Fletcher Flashcards
what is the simple definition of rylands v fletcher?
when d has accumulated something dangerous on his land, which escapes and causes damage on other land
what are the 6 elements of rylands v fletcher?
- c must be able to sue d
- d must bring/accumulate something on their land
- the thing must escape
- there must be an exceptionally high risk of danger if that thing were to escape
- the thing must cause reasonably forseeable damage
- d’s use of that thing must be a non-natural use of land
what are the cases for defendants and claiments sueing?
- read v lyons - defendants
- transco v stockport mbc - claimants
what does read v lyons say?
anyone with control of the land where the problem started may be brought to court under rylands v fletcher
what does transco v stockport mbc say?
c needs to have a proprietary right/interest in the affected land to be able to sue
what is the case for natural accumilation of something on land?
ellison v ministry of defence
what is the case for the dangerous thing escaping?
read v lyons
what does stannard v gore say about fire escaping?
where fire escapes and causes damage, d must have brought that fire onto their land, not just objects that start or worsen the fire
what does transco v stockport mbc say about exceptionally high risk of danger if that thing escaped?
that it means that if one could forsee a very high risk of damage if the thing escapes
what does cambridge water co v eastern countries leather say about type pf damage?
that it must be reasonably forseeable
what is the case for non-natural use of land?
transco v stockport mbc
what does transco v stockport mbc say?
a non natural use is an extraordinary and unusual use of land
what are the 4 defences for rylands v fletcher?
- volenti non fit injura
- contributory negligence
- act of a stranger
- act of god
what is the case for act of a stranger?
rickards v lothian
when does rickards v lothian apply?
when the escape is caused by someone d does not have control over
