Rylands v Fletcher Flashcards
Who defined Rylands v Fletcher?
Lord Cranworth
What is the definition of Rylands v Fletcher
The bringing onto the land and accumulating/storing a thing that is likely to cause mischief if it escapes and amounts to a non-natural use of land which does escape and causes reasonably foreseeable damage to an adjoining property
In which case did the claim fail because the the thing was naturally occurring?
Giles v Walker
Which case shows a thing likely to do mischief if it escaped?
Hale v Jenning Bros
In which case was the damage not Rylands v Fletcher because it was a wrongful act by a third party?
Rickards v Lothian
In which case was the use of land not non-natural because of the public benefit?
British Celanese v Hunt Ltd
In which case did the thing not escape?
Read v J Lyons and Co Ltd.
What is the case for foreseeable damage?
Cambridge Water Co v Eastern Counties Leather
What are the defences to Rylands v Fletcher?
1) Volenti non fit injuria
2) Act of a stranger
3) Act of God
4) Statutory authority
5) Contributory negligence
6) Common benefit