Rylands V Fletcher^ Flashcards
Strict Liability Tort
can be liable without being negligent
has to have foresight of harm
Rylands V Fletcher
having something build up on their land unnaturally and cause damage
D not negligent as he hired someone to build reservoir which broke and flooded mine
Transco PLC
Lord Huffman
you can’t claim for personal injury
only obiter so not binding
Requirments
D brought something onto his land
non-natural use of land
something likely to do mischief if it escapes
it did escape and cause damage
Who Made Up The Requirments?
Lord Blackburn & Lord Cairns
Giles V Walker
not artificially accumulated
flowers grew naturally
Ellison V Minister Of Defence
rainwater is natural, not artificially accumulated so not liable
Non-Natural Use
use must be extraordinary and unusual
Transco V Stockport
Lord Bingham
i think ordinary use is preferable to natural use
British Celanese V A H Hunt
storage of metal foils was natural
Shiffman V The Grand Prory
flagpole escaped and hit
Hale V Jennings Bros
chair on ride detached and hit
able to claim for injury
Stannard V Gore
tires on fire but only fire escaped and caused damage so not liable
Read V Lyons
R V F did not apply as damage was caused on land and did not escape
Cambridge Water V Leather
damage must be foreseeable and not too remote
Volenti
consent to the thing that has accumulated and escaped
Act of Stranger
stranger, who D has no control over, caused the escape the D may not be liable
Perry V Transport
example of act of stranger
stranger, who D has no control over, caused the escape the D may not be liable
Act of God
extreme weather conditions that a human can’t prevent the effect
only succeed if the weather was unforeseeable
Nichols V Marsland
example of act of God
extreme weather conditions that a human can’t prevent the effect
Statutory Authority
allowed by an act of parliament
Contributory Negligence
claimant is partly responsible for escape
Defences Available
Volenti
Act of God
Act of Stranger
Statutory Authority
Contributory Negligence
Remedies
what’s available to claimant
Damages
Damages
compensation
but claimant must prove land is destroyed
court can order D to pay repair or replace
