Rylands V Fletcher P2 Flashcards
Why was Rylands v Fletcher aspect of law created
To readdress damage caused by increasing industrialisation
When may the C claim under the tort of Rhylands v Fletcher
When D is liable if, on his land, he accumulates a dangerous thing in the course of a non-natural use of his land. The thing must escape and cause reasonably foreseeable damage
What happened in the case of Rylands v Fletcher
Reservoir water leaked into mineshaft causing damage
What type of tort is Rhylands v Fletcher
A strict liability tort - D is liable of an act of an IC even though no fault has happened on his part
Land based tort
What are the CADNER principles to establish this
C’s legal position
Accumulation
Dangerous thing
Non-natural use
Escape
Reasonably foreseeable damage
What is meant by C’s legal position to establish Rylands v Fletcher
C should have legal interest in the land, if not then they cannot claim under Rhylands and Fletcher
Which case shows that C must have a legal interest in the land to claim under Rylands and Fletcher (same as Nuisance)
Hunter v Canary Wharf - Tv signal
What is meant by Accumulation as a factor of CADNER to establish Rylands v Fletcher
D must bring onto his land an accumulation of the substance that escaped
Does not cover natural accumulation e.g lakes, unless they have escaped because of a non-natural process
Which case is used for an Accumulation of a natural substance
Giles v Walker - naturally occuring thistles
What is meant by a Dangerous thing for Rhylands v Fletcher
The substance must be dangerous - ‘something likely to do mischief if it escapes’
Which case is used to show a Dangerous thing on a fair ground
Hales v Jennings Bro - fair ground attraction chair flew off ride
What is meant by Non-natural use as a part of CADNER for Rylands v Fletcher
A use which is not common place
Which case is used for Non-natural use which involved a tap overflowing causing damage
Rickards v Lothian
Which case updated the Non-natural use phrase to ‘extra ordinary and unusual circumstances’
Transco PLC v Stockport MBC
Which case involved a leakage into a borehole and is used to show a Non-natural use
Cambridge water v Eastern Countries Leather
What is meant by Escape as a part of CADNER for Rylands v Fletcher
Must show that dangerous substances escaped - must move from Ds land which they have control over to land which they do not
Which case is used to show Escape part of CADNER and involved exploding shells still in Ds munitions factory so did not ‘escape’
Read v Lyons
Which case involved a fire escaping but the dangerous thing that caused it did not for the Escape part of CADNER
Stannard v Gore
What is meant by Reasonable foreseeable damage as the last factor of CADNER
Personal damage cannot be claimed for
Property damage can be claimed for
Which case is used for Reasonable foreseeable damage for Rylands v Fletcher
Cambridge water V Eastern countries Leather - leakage into borehole
How many defences are there for Rylands and Fletcher
3
What are the 3 defences in Rylands v Fletcher
Act of a stranger
Act of god
Statutory Authority
What is ‘Act of a stranger’ as a defence
If escape is caused by the deliberate and unseen act of a stranger = D not liable
What case is used for the defence of ‘Act of a stranger’ and involved a tenant leaving a tap running in a block of flats
Rickards v Lothian
What case is used for the defence of ‘Act of a stranger’ and involved a lit match being thrown into a petrol tank
Perry v Kendricks Transport
What is the defence of an ‘Act of god’
Natural events so powerful that precautions would not have prevented it
D could not stop it therefore not liable
What case is used for the defence of an ‘Act of god’ and involves a rainstorm caused embankment to collapse
Nicholas v Marsland
What is the defence of Statutory Authority
Is escape is authorised activities by an Act of Parliament = D not liable
What case is used to show the defence of Statutory Authority and involved the right to maintain water supply on land
Green v Chelsea Waterworks Co
