Rylands v Fletcher Flashcards
Rylands v Fletcher
A claim could be made if material was accumulated, likely to cause mischief if it escapes which amounts to non-natural use of land (D created a reservoir on his land which flooded neighbours mineshaft)
Transco v Stockport
Non natural - Council not liable as the use was natural (D’s water pipe leaked onto embankment which collapsed and C’s gas pipe was damaged)
Giles v Walker
No liability if material is naturally present (weeds spreading from D’s land to C’s land; D did not bring weeds onto his land)
Hale v Jennings
Mischief - the thing must be a source of foreseeable harm if it escapes (Chair detached from carnival ride and crashed into ground, injuring stallholder)
Read v Lyons
Escape - substance must move from D’s land to C’s land (inspector visiting D’s factory in WWII and was injured by exploding shell)
Stannard v Gore
Liability under Ryland v Fletcher will arise only if THE THING accumulated escapes (Electrical fire started on D’s land and spread - if fire escape but not the accumulated substance there is no liability)
Cambridge Water
Reasonable Foreseeable damage - C can only recvoer damages that are RF (D’s animal solvent spilled into water - C’s claim failed a D’s activity was not reasonably foreseeable)
Nichols v Marsland
ACT OF GOD - sudden violent extreme weather (D diverted stream into a manmade lake, heavy rain caused artificial lake to flood neighbouring land)
Box v Jubb
ACT OF A STRANGER - deliberate unforeseen act of a third party (D owned reservoir, another owned a higher reservoir who drained it connected to D’s causing it to overflow into C’s land)
Green v Chelsea Waterworks
STATUTORY AUTHORITY - escape may be a direct result of D carrying out a duty contained in a statute (D obligated to provide high water pressure which flooded C’s land - D not liable)
