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.