Rylands V Fletcher (1868) Flashcards
When is Rylands and Fletcher likely to apply?
-One off events that have damaged a neighbours property.
What is the structure/ key elements of Rylands and Fletcher?
1- intro& C must have legal interest in the land.
2-D Bring something onto the land (accumulation)
3-non-natural use of land.
4-The thing brought onto the land is likely to do mischief.
5-The thing must escape.
6-This causes RF damage/
7- Defences
8-Remedies
Case for C must have a legal interest in the land?
Hunter V Canary Wharf
Hunter V Canary Wharf
D must have a legal interest in the land
What cases for D must bring something onto the land?
-Giles V Walker
-Crowhurst V ABB
Giles V Walker
Facts: thistles on field
O: Naturally occurring so not liable.
Crowhurst V ABB
Facts: leaning tree killed horse.
O: Tree had escaped- liable.
What cases for a non-natural use of land?
-Transco V Stockport MBC
-Cambridge water V Eastern countries leather
Transco V Stockport MBC
If it is for domestic use such as water pipe- counts as a natural use of land
Cambridge water V Eastern Countries leather
-Storage of chemicals clearly non natural use of land.
-Irrelevant that the activity was an important source of local employment
What case can possibly be used for likely to cause mischief?
Rylands V Fletcher
Rylands V Fletcher (in terms of mischief)
Water not a mischief in itself- but its escape would cause one.
What cases for escape?
Read V Lyons
Pointing V Noakes
Read V Lyons
F: explosion that killed man and injured others
O: No escape- claim fails
Pointing V Noakes
F: horse reached over fence, ate poisonous leaves and died.
O: no escape not liable.
What cases for causes damage? (normal damage applies)
-Cambridge water V Eastern Countries Leather
-Weller V Foot and Mouth Disease
Cambridge water V Eastern Countries Leather (damage)
- Damage too remote
-The rule in the wagonmound applies to Rylands and Fletcher.
Weller V Foot and Mouth disease
PEL not recoverable under Rylands and Fletcher
What is the full sentence for the D brings something onto the land?
The C must bring something onto the land for ‘his purposes’ that do not naturally occur there.
What is the full sentence for it is likely to do mischief?
-Foreseeable that the thing will do mischief if it escapes
-The escape itself does not need to be foreseeable.
What is the full sentence for escape?
It must escape from the D’s land onto the C, without an escape there can be no liability.
What happened in the revisit of R V F in Transport PLC V Stockport LTD?
-personal injury beyond the scope of R V F
