Rylands V Fletcher Flashcards
The escape of dangerous things
Rylands v fletcher
4 elements
Bringing into land
The thing is likely to do a mischief is it escapes
A non natural use of the land
Thing stored must escape and cause foreseeable damage
Bringing onto land
Giles v Walker
The thing is likely to do a mischief
Hale v Jennings
A non natural use of the land
Rickards v Lothian
Thing stored must escape
Ponting v Noakes
Thing stored must escape
Fire can be problematic
1. Thing must escape not fire
2.limited to cases where fire has been deliberately or negligently started
3, starting a fire on land may be a very ordinary use of land
Wyvern Tyres v Gore
Defences
Consent
Act of a stranger
Act of God
Statutory authority
Contributory negligence
Defences
Act of a stranger
Perry v Kendricks Transport Ltd
Defences
Act of God
Nichols v Marsland