Rylands v Fletcher Flashcards
define rylands v fletcher
the accumulation of a dangerous thing for a non-natural use that escapes causing reasonably foreseeable damage (strict liability)
explain party to action with case
C must have legal interest in the land affected by the escape : Hunter v Canary Wharf
explain accumulation
D must voluntarily bring into their land an accumulation of the substance which escaped - must be artificial
what case states that D not liable if accumulation natural
Giles v Walker
what is a dangerous thing
something likely to do ‘mischief’ if it escapes
in what case was the dangerous thing water stored in bulk
Rylands v Fletcher
what case stated that the dangerous thing must pose ‘exceptional risk’ if it escapes
Transco v Stockport MBC
in what case was the non-natural use bringing water into land in bulk
R v F
in what case was a tap overflowing deemed an ordinary + reasonable use
Richardson v Lothian
what case stated that non-natural use must be a use which is ‘extraordinary and unusual’
Transco
in what case was the bulk storage of chemicals for industrial process deemed a classic example of a non-natural use
Cambridge Water
explain escape
substance moved from land D controls
in what case was C still on D’s land at time so no escape
Read v Lyons
in what case did D bring tyres into his land, not fire so no escape for purposes of R v F
Stannard v Gore
in appropriate cases, can fire fall under R v F
yes - very rare
what case stated that only reasonably foreseeable damage is recoverable
Cambridge Water
what case stated that personal injury cannot be claimed, only damage to land + goods stored on land
R v F
6 defences to R v F
1) Act of a stranger
2) Act of God
3) Statutory Authority
4) Violenti non fit injuria
5) Common benefit
6) Fault of C
explain defence of act of a stranger with case
Perry v Kendrick’s Transport Ltd: D not liable if escape caused by deliberate + unforeseen act of a stranger
explain defence of act of God
natural event so enormous it cannot be foreseen or guarded against - D couldn’t have done anything to stop it
in what case did a violent rainstorm cause collapse of embankment (act of God)
Nichols v Marsland
explain defence of statutory authority
an authorised act of parliament, provided negligence not involved
in what case did the pipes burst + flood land so D had statutory duty to maintain supply of water
Green v Chelsea Waterworks Company
explain defence of violenti
no liability if C consented to thing accumulated by D
