Rylands V Fletcher Flashcards

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1
Q

Giles v Walker

A

D ploughed forest land then thistle seeds blew from Ds land to C’s land
Thistles we’re naturally growing so claim failed

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2
Q

Pontardawe RDC

A

Rocks fell into C’s land from an avalanche.

D not liable

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3
Q

Ellison v MOD

A

Rainwater flooded C’s land

Not liable for natural rainwater

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4
Q

Richards v Lothian

A

Sink blocked by vandals damaged C’s stock

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5
Q

British Celanedr v Hunt

A

Metal foil escaped and damaged C’s wires, not liable as use of land too natural and it was an industrial estate

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6
Q

Sochaki v sas

A

A spark jumped out the fire in C’s house, d not liable as normal to have a fire in house

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7
Q

Collingwood v Home & colonial stores

A

Fire spread due to faulty wiring.

Normal to have wiring and there was no negligence

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8
Q

Mason v Levy Autoparts

A

D kept flammable materials in wooden crates and they set alight
D liable

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9
Q

Facts of Cambridge Water

A

PCE chemicals had been sleeping into C’s water supply for 30 years so C failed a water test.

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10
Q

Facts of Transco

A

Gas pipe collapsed due to D’s water leaking

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11
Q

LMS international v styrene

A

Polystyrene blocks caught fire when being cut and damaged C’s premesis
Claim won

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12
Q

Musgrove v pandelis

A

Car caught fire as D forgot to turn off petrol tap

Owner of the car was liable (1919 case)

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13
Q

Shiffman

A

Flagpole fell and hit C, claim successful

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14
Q

Read v Lyons

A

Injured at munitions factory when one of the shells exploded

There was technically no escape as it was in the factory

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15
Q

Crown river cruises

A

Fireworks on display caused damage to C’s barge

Fireworks r obviously dangerous so D liable

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16
Q

Gore v Stannard

A

Tyres caught fire and destroyed C’s premesis

Fire spread but the tyres didn’t actually escape so no claim

17
Q

Peters v prince of wales theatre

A

Sprinkler system went off and destroyed C’s stock.

Water supply benefited both C and D so no liability

18
Q

Dunne v NW gas board

A

Gas main exploded with no negligence from D.

Not liable ; common benefit

19
Q

Cordin v Newport CC

A

Water escaped from councils reservoir and damaged C’s land

Council held liable

20
Q

Why was transco important?

A
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?
21
Q

Weller v Foot and mouth disease

A

Virus escaped and C couldn’t sell cattle.

C had no proprietary interest so claim failed

22
Q

Smith v Scott

A

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

23
Q

Green v Chelsea waterworks

A

Damage caused by a leak from Ds pipes

Not liable as they were obliged by statutes to provide water and occasional bursts were inevitable