rylands v fletcher Flashcards
what did blackburn j state ?
Blackburn J stated that “the true rule of law is that the person who…brings on his land, and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril [and will be] prima facie answerable for all the damage which is a natural consequence of its escape”.
what was stated in Read V Lyons?
Read V Lyons, it was stated that the rule in Rylands V Fletcher was “a principle applicable between occupiers in respect of their land”. Here, (B) is the owner and occupier of the boatyard, so satisfies this element.
what does rylands v fletcher concern ?
the escape of dangerous things.
regarding parties , what did the high court hold in the case of Hunter V Canary Wharf
Regarding parties, the HC held that a claimant in the tort of nuisance must have a proprietary interest in the affected land in the case of Hunter V Canary Wharf
what were the facts of Healy v. Bray UDC in terms of accumulation ?
The falling rocks which had already formed part of hillside did not count as accumulation.
what did blackburn j indicate ?
Blackburn J indicated that the strict duty under consideration would apply to ‘anything likely to do mischief if it escapes’
what was blackburn j justification?
Blackburn j justification of the principle was based on the defendant’s knowledge of the mischievous propensity and the liability was to cover the natural and anticipated consequences of the risk generated.
what are the two ways in which land can be unnatural ?
There are 2 ways in which use of land can be non-natural: the thing is not naturally there, or the quantity and volume of the thing is not naturally there.
what was the case in Cambridge Water V Eastern Counties Leather
it was deemed that storing chemicals was a non-natural use of the land
what was the case of reed v lyons ?
plaintiff was an inspector of the Ministry of Supply during the second World War. While carrying out her duties at the defendant’s mutations factory, she was injured in an explosion which occurred during the filling of shell cases with explosives.
what is the relation of the rule used in foreseeability of damage and in nuisance
The rule used in relation to foreseeability of damage in nuisance is identical to that used in negligence.
what did the house of lords hold in the case of reed v lyons ?
The house of lords unanimously held that the failure to contain the hazard did not amount to sufficient escape and that the requirement of escape would only be satisfied where the hazard went from a place within the defendant’s control to a place outside the defendant’s control.
what did the house of lords hold in the case of Cambridge water Co ltd v Eastern Countries Leather Plc
The house of Lords in Cambridge water Co ltd v Eastern Countries Leather Plc held that the appropriate standard was that of reasonable foreseeability, as used in negligence and private nuisance to determine the extent of consequences for which a defendant is liable.
