Rylands V Fletcher Flashcards
Giles v Walker
D ploughed forest land then thistle seeds blew from Ds land to C’s land
Thistles we’re naturally growing so claim failed
Pontardawe RDC
Rocks fell into C’s land from an avalanche.
D not liable
Ellison v MOD
Rainwater flooded C’s land
Not liable for natural rainwater
Richards v Lothian
Sink blocked by vandals damaged C’s stock
British Celanedr v Hunt
Metal foil escaped and damaged C’s wires, not liable as use of land too natural and it was an industrial estate
Sochaki v sas
A spark jumped out the fire in C’s house, d not liable as normal to have a fire in house
Collingwood v Home & colonial stores
Fire spread due to faulty wiring.
Normal to have wiring and there was no negligence
Mason v Levy Autoparts
D kept flammable materials in wooden crates and they set alight
D liable
Facts of Cambridge Water
PCE chemicals had been sleeping into C’s water supply for 30 years so C failed a water test.
Facts of Transco
Gas pipe collapsed due to D’s water leaking
LMS international v styrene
Polystyrene blocks caught fire when being cut and damaged C’s premesis
Claim won
Musgrove v pandelis
Car caught fire as D forgot to turn off petrol tap
Owner of the car was liable (1919 case)
Shiffman
Flagpole fell and hit C, claim successful
Read v Lyons
Injured at munitions factory when one of the shells exploded
There was technically no escape as it was in the factory
Crown river cruises
Fireworks on display caused damage to C’s barge
Fireworks r obviously dangerous so D liable
Gore v Stannard
Tyres caught fire and destroyed C’s premesis
Fire spread but the tyres didn’t actually escape so no claim
Peters v prince of wales theatre
Sprinkler system went off and destroyed C’s stock.
Water supply benefited both C and D so no liability
Dunne v NW gas board
Gas main exploded with no negligence from D.
Not liable ; common benefit
Cordin v Newport CC
Water escaped from councils reservoir and damaged C’s land
Council held liable
Why was transco important?
Courts said: Not going to follow Australia Non natural was badly defined It’s a remedy for land only Statues cover most of it anyway?
Weller v Foot and mouth disease
Virus escaped and C couldn’t sell cattle.
C had no proprietary interest so claim failed
Smith v Scott
Family rehoused by the defendant on the promise hey didn’t make trouble but they did so their neighbour tried to sue. D not liable as it was the families nuisance
Green v Chelsea waterworks
Damage caused by a leak from Ds pipes
Not liable as they were obliged by statutes to provide water and occasional bursts were inevitable
