Rylands v Fletcher Flashcards
What is Rylands v Fletcher, and what does it deal with.
A type of nuisance,introduced to deal with pollution.
1)-Parties:what must a claimant have and what must a defendant have?
-A claimant must have an interest in the land to pursue a claim.
-a defendant must have control over the land on which the dangerous material is stored.
2)D brings onto the land and keeps there:what does this mean?provide a case.
There must be some artificial accumulation of a substance on D’s land.-Giles v Walker.
3) Dangerous thing,what does this mean and provide a case for it.
-The material or substance accumulated must be dangerous- Hale v Jennings.
Damage by fire:what case says what?
Stannard v Gore says tyres were not ‘exceptionally dangerous’
4)non-natural use of the land-what does this say.provide a case.
D’s use of the land must be special or unusual.-Rylands v Fletcher.compare the D to an ordinary user.
5)-escapes-what does this mean and provide a case:
-there must be an escape from land that D controls.-as shown in Read v Lyons where it didn’t escape.
6)causes damage:what does this mean and provide a case?
-the escaping material must cause reasonably foreseeable damage to adjoining land.-Cambridge Water v Eastern Counties Leather.
Defences:what defences are there?
Act of god,act of a stranger,contributory negligence,consent and statutory authority.
what is another defence which is authorised by can act of parliament?
statutory authority.
how about another defence that means no liability if both parties consented?
consent.
how about when the C is partly responsible?
Contributory negligence.
