rylands v fletcher Flashcards
what is the definition of rylands v fletcher
a persons property is damaged by the escape of a non-naturally stored material onto adjoining property
what type of liability is r v f and what does this mean
strict liability
you can be liable even without negligent conduct
what type of approach is r v f and what does this mean
restrictive approach
the law must be applied to keep definition narrow
what are the things needed to establish r v f
legal positions
the thing is likely to do mischief
a non natural use of land
the thing escapes
what must the claimant be for r v f
have an interest in their land
what case shows the claimant must have an interest in land
hunter v canary wharf
what must the defendant be
an owner or occupier with control of the adjacent land
what must the land have
mist not have the thing already present, must be brought onto land
what case shows the thing must not already be on the land
giles v walker
what must the thing be
it must be reasonably foreseeable that it could cause damage if it escaped
give examples of what the thing may be
fumes or branches
what case shows the damage the thing causes must be reasonably foreseeable
stannard v gore
what does non natural mean
unusual/extraordinary
why do fires in fireplaces not normally establish r v f
because this is an ordinary use, unless it is particularly dangerous
what case that particularly dangerous conduct establishes r v f
transco plc v stockport met borough council
