Rylands v Fletcher Flashcards

1
Q

What is Rylands v Fletcher

A

It is its own type of nuisance and is a strict liability crime so no MR required due to it being presumed

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2
Q

Explain the first requirement of R v F

A

Accumulation - D must bring hazardous material onto the land and keep it there
If it was already there or naturally occurred there is no liability under R v F
Giles V Walker

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3
Q

Explain the second requirement of R v F

A

Must be likely to cause a nuisance if it escapes - the thing need not to be inherently dangerous but likely to cause damage if it escapes.

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4
Q

Explain the third requirement of R v F

A

Must be an escape from the D’s land. injury inflicted by the accumulation of a hazardous substance on the land itself will not invoke liability - Transco plc v Stockport metropolitan borough council

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5
Q

Explain the fourth requirement of R v F

A

Must be a non natural use of land. The use of land must be ‘extraordinary and unusual’ where it must be both and not just one - British Celanese v Hunt

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6
Q

Explain the fifth requirement of R v F

A

Must not be too remote. Liability is subject to rules on remoteness on how closely related the claimants damage is to what the D did - Weller v Foot

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7
Q

Explain the act of a stranger defence

A

D has complete defence if the escape was caused by the act of a stranger over which D had no control and whose actions could not have been reasonably foreseen - Perry v Kendricks Transport

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8
Q

Explain the act of god defence

A

This has the same meaning as under private nuisance, but there is a different case example - Ribee v Norrie

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9
Q

Explain the statutory authority defence

A

This has the same meaning as under private
nuisance, but there is a different case example -
Green v Chelsea Waterworks Co (1894)

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10
Q

Explain the Consent/benefit defence

A

If C receives a benefit from the thing accumulated, they may be deemed to have consented to its accumulation

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11
Q

Cambridge Water Co Ltd v Eastern Counties Leather (1994)
Ratio: The escape must be foreseeable and reasonably preventable for a Rylands v Fletcher claim to succeed

A

Ratio: The escape must be foreseeable and reasonably preventable for a Rylands v Fletcher claim to succeed

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12
Q

British Celanese Ltd v AH Hunt Ltd (1969)

A

Ratio: Rylands v Fletcher applies to activities that are non-natural and result in damage to neighboring properties.

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13
Q

Transco v Stockport Metropolitan Borough Council (2003)

A

Ratio: The defendant may be liable under Rylands v Fletcher if the escape of something dangerous or harmful causes damage.

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14
Q

Ellison v Ministry of Defence (1997)

A

Ratio: Rylands v Fletcher applies to situations where a defendant’s activities cause damage due to escape of something from their property.

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