Rylands v Fletcher A01 Flashcards
Rylands v Fletcher
made a reservoir- flooded neighbouring mineshafts
developed the 4part test
Bringing onto the land and an accumulation
FAIL if it is naturally present e.g weeds
Giles v Walker
bringing onto the land and an accumulation
FAIL if it naturally accumulates e.g rainwater
Ellison v Ministry
thing is likely to do mischief if it escapes
damage must be foreseeable
Hale v Jennings bro
Hale v Jennings bro
successful- risk was foreseeable if fairground chair became loose
non natural use of the land
Rickards v Lothian
Rickards v Lothian
failed- use of water in domestic pipes was a natural use of the land
non natural use of land -
Transco v Stockport
Transco v Stockport =
use of land= out of the ordinary considering time and place, and wether they are activities where there’s public benefit = IRRELEVANT
thing stored escapes and causes foreseeable damage that is not too remote - must escape from 1 property onto adjoining property
Read v Lyons
read v lyons
explosion in factory- vibrations caused injury = NOT ESCAPE
not fulfilled if just a by-product escapes
Stannard v Gore
Stannard v Gore
tyres accumulated and set on fire and fire spread, tyres did not escape the fire did
personal injury not included
Transco v Stockport
must be foreseeable and not too remote
Cambridge Water co v Eastern Counties Leather