Rylands V Fletcher Flashcards
What type of tort is Ryands
A strict liability tort
What can you claim for?
Damage to property only
Explains claimant
Must have a proprietary interest in the land
Explain defendant
Must be the occupier of the land which they bring and accumulate something
Explain brought and accumulated
The item must be brought and accumulated on the land
If it’s naturally occurring then no claim can occur eg:rain
Giles
C claims for weeds coming onto his property
Weeds are natural so no claim
Explain likely to cause mischief
The thing doesn’t have to be dangerous itself, just that it is foreseeable it could be a mischief if it were to escape
Hale
Riding on a chair-o-plane and chair comes off, flys and hits C
Was foreseeable if it were to escape
Claim successful
Last PI claim (no longer can claim PI)
Explain escapes and causes RF damage
There are 2 elements
1. The thing must physically escape from D’s land to Cs
2. The escape must then cause reasonably foreseeable damage (was the damage predictable)
Standard and Gore
Storing tyres
Electrical sparks set them on fire
Smoke and fumes escape next door
Failed because D did not bring smoke, fumes onto land he brought the tyres
Explain extraordinary and unusual use of land
D’s use of land must be extraordinary and usual in the time and place
A natural use of land will not result in liability
Non natural use - anything in large amounts, how it’s stored etc
Transco
Flats 1 water pipe burst/leak
It caused eroded soil ans caused damage to gas meters
Water through a pipe is a natural use of land so claim failed
What 4 defences are available
- Act of god - extreme weather conditions and Weather moves it must be unforeseable ~ full defence
- Act of 3rd part/trespasser - not you that’s done it, but someone else ~ full defence
- Statuatory authority - parliment give permission for you to store/ bring ‘it’ onto land
- Consent - if C appreciated all the risks then will provide full defence
