Rylands v Fletcher Flashcards
1
Q
what is the main principle of the tort of Rylands v Fletcher
A
stricy=t liability tort t=concerning the escape of a dangerous thing from land
2
Q
who are the two people concerned
A
claimant
occupier - must have a proprietary interest
3
Q
first rule
A
the thing must accumulate on the occupiers land
4
Q
second rule
A
the thing that accumulates must be the thing that escapes
5
Q
third rule
A
the thing need not be dangerous but must cause mischief
6
Q
fourth rule
A
damage must be reasonably forseeable
7
Q
fifth rule
A
must escape from D’s land over which they have control
8
Q
six rule
A
non naturual use of land
extraordinarily unusual in terms of time or circumstances
potentially dangerous
not stored in large quantities
