Rylands vs Fletcher Flashcards
What is the quote from Rylands vs Fletcher?
“A person who brings on his land and collects and keeps there anything likely to do mischief if it escapes, is liable, for all the damage which is the natural consequence of its escape”
What are the 6 points to prove under R vs F
- The defendant is the occupier of land and has control over it
- There is an accumulation or storage
- The thing is likely to cause mischief if it escapes (potentially dangerous)
- There is an escape
- The storage amounts to a non-natural use of land
- The type of damage is foreseeable
What are the cases for point 1 (Control/Occupier)?
Weller & Co vs Foot and Mouth Disease Research Institute
Crown River Cruises vs Kimbolton Fireworks
What is the POL from Crown River Cruises vs Kimbolton Fireworks?
A barge qualified as land under R vs F
What is the POL from Weller & Co vs Foot and Mouth Disease Research Institute?
Claim under R v F failed as they had no interest in the land where the virus spread to
What is the main case for Point 2 (Accumulation)?
Mason vs Levy Auto Parts
What is the POL from Mason vs Levy Auto Parts?
Petroleum and paints were stored in large quantities so an accumulation was present
What is the main case for Point 3 (Mischief/Dangerous)?
Hale vs Jennings Bros
What is the POL from Hale vs Jenning Bros?
A chair-o-plane in a fairground flew off and damaged adjoining land which is inherently dangerous if it escapes
What are the main cases from Point 4 (Escape)?
Stannard vs Gore
Read vs Lyons
What is the POL from Read vs Lyons?
A shell exploded within a munitions factory, injuring an inspector but the shell hadn’t escaped the premises so no claim under R vs F
What is the POL from Stannard vs Gore?
It was the fire that had escaped and not the accumulation of tyres so there was not an escape
What are the main cases from Point 5 (Non-natural use of land)?
Cambridge Water vs Eastern Counties Leather
Giles vs Walker
What is the POL from Giles vs Walker?
Thistles that were allowed to grow by the occupier blew their seeds into a neighbouring garden, causing issues, but as the thistles had grown naturally and not accumulated by D there was no claim under R vs F
What is the POL from Cambridge Water vs Eastern Counties Leather?
The storage of chemicals on an industrial premises were seen as a ‘classic case of non-natural use’
What did Transco vs Stockport state?
That the ‘ordinary user’ test is a preferable test to natural user
When is something more likely to be a non-natural use and what is the case to use for this?
If something is stored in large quantities - Mason vs Levy Auto Parts
Can public benefit be considered for non-natural use?
Sometimes
What is the case for public benefit under non-natural use?
British Celanese vs Hunt
What is the POL from British Celanese vs Hunt?
It was held that the use of land was natural, partly due to the benefit of manufacture so they weren’t liable
What else did Transco vs Stockport confirm under damage?
That R vs F will not include claims for personal injury
What is the main case and POL for Point 6 (Damage)?
Cambridge Water vs Eastern Counties Leather - “The defendant must have known or ought to have reasonably foreseen that damage of the relevant type”
What are the 5 potential defences for R vs F?
- Act of God
- Act of a Stranger
- Volenti
- Statutory Authority
- Contributory Negligence
What is the case and POL for Act of God?
Nichols vs Marsland - As the thunderstorm was classed as the worst in living memory it was counted as an act of god
