Rylands v Fletcher Flashcards
What is Rylands v Fletcher?
A type of nuisance Property damaged/destroyed due to escape of non-naturally stored material onto neighbouring land
Who is the claimant?
Proprietary interest
Who is the defendant?
Occupier of land thing accumulated OR The accumulator of the thing
What is the first element of Rylands v Fletcher?
Giles v Walker Must be brought onto land not natural
What is the second element of Rylands v Fletcher?
Likely to cause mischief if escapes
What did Hales v Jennings state?
Risk of damage must be foreseeable not escape
What did Stannard v Gore state about fire?
Unlikely for success with fire Fire must be brought onto land deliberately then escape
What is the fourth element of Rylands v Fletcher?
Unnatural use of land
What did Rickards v Lothian state?
Special use of land which increased danger is unnatural
What did the British Celanese case state?
High benefit from locals means natural usage of land
What did the Cambridge Water Co Case state?
Potentially dangerous activity is unnatural use of land
What did Transco v Stockport state?
Use of land must be extraordinary and unusual
What defences can be used for Rylands v Fletcher?
Consent - Peters v Prince of Wales theatre Contributory Negligence - Dunne v NW Gas Board
When can the act of a stranger be used as a defence?
Denny v Kendrick Transport Stranger caused escape
What can the act of god be used as a defence?
Nichols v Marsland Extreme weather that can't be foreseen
