Rylands v Fletcher Flashcards
what was the case of rylands v fletcher
d built a resiviour on their property and it flooded c mines
what must the c have to bring a claim
intrest in the land affected and a form of propriatary intrest
what must the d have
must be the owner or occupire of the land satisfying the 4 elements
give a case for d satisfies the four requirements of the Rylands v Fletcher tort
Read v lyons
what are the 4 elements of r v f
1-bringing on to the land an accumulation or storage
2-substance is likley to case mischief if escaped
3-non-natral use of land
4-the thing stored escaped and cased forseeable damage
what must the d do to satisfy the first element
actualy bring a substance on the land
what must the substance brought onto the land be
not natraly occuring
give a case for substances brought onto land that were natrualy occuring
rain water- Ellison v MoD
thistle seeds- giles v walker
what must the substance do if it escapes
cause damage
must the damage be forseeable or the escape
the damage
what are examples of things that could case damage
gas
electricity
poisonous fumes
tree branches
give a case for personal injury but explain the purpouse of it
Hale v Jennings
HoL stated RvF is just for loss of property
what must there be if the damage is cased by fire
there must have been an accumulation of flamable things which could spread
this must be forseeable
give a case for a known risk of fire
LMS international v styrene packaging and insulation
give a case for fire where it must be the danger that escaped
stannard v Gore
what else may the court consider for the second element
the nature of the escape
eg accidental/intentional
give a case where the outcome wouldve changed if the nature of the escape was diffrent
Stannard v gore
how is non-natral use of land defined
extrodnary/unusual
give a case which dispalyes how the 3rd element is always evolving
musgrove v pandelis
give a case relating to the non-natral use of land/storage of chemicals
cambridge water co v eastern counties leather plc
give a case relating to not a non-natral use of land
rickards v lothian
what are the 2 tests for damage
factual
remotness of damage
what must there be for there to be damage + case
an escape
read v lyons
what must the damage be + case
forseeable
cambridge water co v eastern counties leather plc
what are the 2 things that must be forfilled for there to be damage
the substance must be likely to do damage if it escapes
the damage must be reasonably forseeable
what are the defences avaliable for RvF
act of stranger
act of god
statutory authority
consent
contributory negligence
explain the defence act of a stranger
if the matrial escaped because of a strangers act whom the defendant had no controll
explain the defence act of god
the escape was due to a natral event
full defence
explain the defence of statutory authority
permission given by local authority for the storage of the matrial but this is a partial defence as d has a responciblity to contain the matrial
what are the remidies avaliable for RVF
damages to cover the cost of the damage caused
possibly an injunction to prevent further damage
