Rylands V Fletcher Flashcards
Elements
- has brought something onto the land
- d has made non-natural use of land
- thing is likely to do mischief if it escapes
- thing did escape and case damage
Giles v walker
D must accumulate thing on land themselves
Ellison v ministry of defence
D didn’t bring it onto the land themselves
Transco v Stockport
The word ordinary is preferred to the use of natural
Lord Hoffman
Lord Bingham
British celanese v A H mont
Storage of metal foil was a natural use of land
Shiftmann v the grand priory
D s flagpole fell and hit C, flagpole was deemed escaped.
Hales v Jennings bros
Chair in fairground became unattached and caused injury to d
Stannard v gore
D kept tyres on his property for his business, they caught fire but the fire didn’t escape and neither did the tyres
Read v Lyon’s
Wasn’t RvF as shells exploded inside factory
Cambridge water v leather PLC
Damage was too remote
Defences
- consent
- act of a stranger
- act of god
- statutory authority
Contributory negligence
Perry v transport
Someone left the fuel cap open, fumes escaped
Act of a stranger