Rylands V Fletcher (1868) Flashcards

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1
Q

When is Rylands and Fletcher likely to apply?

A

-One off events that have damaged a neighbours property.

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2
Q

What is the structure/ key elements of Rylands and Fletcher?

A

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

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3
Q

Case for C must have a legal interest in the land?

A

Hunter V Canary Wharf

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4
Q

Hunter V Canary Wharf

A

D must have a legal interest in the land

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5
Q

What cases for D must bring something onto the land?

A

-Giles V Walker

-Crowhurst V ABB

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6
Q

Giles V Walker

A

Facts: thistles on field

O: Naturally occurring so not liable.

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7
Q

Crowhurst V ABB

A

Facts: leaning tree killed horse.

O: Tree had escaped- liable.

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8
Q

What cases for a non-natural use of land?

A

-Transco V Stockport MBC

-Cambridge water V Eastern countries leather

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9
Q

Transco V Stockport MBC

A

If it is for domestic use such as water pipe- counts as a natural use of land

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10
Q

Cambridge water V Eastern Countries leather

A

-Storage of chemicals clearly non natural use of land.

-Irrelevant that the activity was an important source of local employment

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11
Q

What case can possibly be used for likely to cause mischief?

A

Rylands V Fletcher

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12
Q

Rylands V Fletcher (in terms of mischief)

A

Water not a mischief in itself- but its escape would cause one.

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13
Q

What cases for escape?

A

Read V Lyons

Pointing V Noakes

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14
Q

Read V Lyons

A

F: explosion that killed man and injured others
O: No escape- claim fails

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15
Q

Pointing V Noakes

A

F: horse reached over fence, ate poisonous leaves and died.
O: no escape not liable.

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16
Q

What cases for causes damage? (normal damage applies)

A

-Cambridge water V Eastern Countries Leather

-Weller V Foot and Mouth Disease

17
Q

Cambridge water V Eastern Countries Leather (damage)

A
  • Damage too remote
    -The rule in the wagonmound applies to Rylands and Fletcher.
18
Q

Weller V Foot and Mouth disease

A

PEL not recoverable under Rylands and Fletcher

19
Q

What is the full sentence for the D brings something onto the land?

A

The C must bring something onto the land for ‘his purposes’ that do not naturally occur there.

20
Q

What is the full sentence for it is likely to do mischief?

A

-Foreseeable that the thing will do mischief if it escapes

-The escape itself does not need to be foreseeable.

21
Q

What is the full sentence for escape?

A

It must escape from the D’s land onto the C, without an escape there can be no liability.

22
Q

What happened in the revisit of R V F in Transport PLC V Stockport LTD?

A

-personal injury beyond the scope of R V F