Rylands V Fletcher Flashcards
6 elements for Roland’s v fletcher
Has control, accumulation, mischief, escape, non natural use of land, type of damage is foreseeable
Hunter v Canary Wharf
Must have an intrest in the land
Crown river cruises kimbolton fireworks
Barge can qualify as land
Masons v levy autoparts
Large quantities
Hillier v air ministry
Electricity escaped from high voltage cables and electrocuted his cows
Crowhurst v Amersham burial board
Yew trees went over boundary and poisoned animals in adjacent field
Hale v Jennings bros
Chair o plane flew off land and damaged adjoining land
Stannard v gore
Stack of tyres on fire fire escapes- not liable as only fire escaped
Read v Lyon’s
Claimant visited dependents factory and ww2 shell exploded- no escape
Cambridge waters v eastern counties leather
Spillages from leather factory polluted water
Transco v stockport
Ordinary user test
Mason v levy autoparts
Accumulation of petroleum and paints- non natural
Transco
Cannot sue for personal injury
Cambridge water v eastern counties leather
Must of known or ought to have reasonably foreseen that damage of the relevant type
Defences for rvf
Act of god, act of a stranger, volenti, statutory authority, contributory negligence
Perry v Kendricks transport
Act of a stranger