Test: Rylands v Fletcher Flashcards
Rylands v Fletcher
when D accumulated something dangerous on his land, which escapes and cause damage on a neighbouring land.
what case shows land belongs to D when he is in control of it
Read v Lyons
D will not control the land when the owner rents, the tenants have control
Smith v Scott
where the thing causing the damage naturally accumulates on the land
Ellison v MoD
does not matter if the thing escapes is forseeable, but the damage is forseeable if they escape
Hale v Jennings
for fire to cause damage it must be brought on the land, not objects that start or worsen the fire
Stannard v Gore
non-natural use
Rickards v Lothian - some special use bringing with it increased danger to others, not ordinary use of the land nor one that is of general benefit to the community
cases for ordinary use
Stannard v gore
Rickards v lothian
case for benefit to the community
British celanese
what makes it likely if use will be non natural
chemicals, oil, animals
Cambridge water co
escape means the thing goes into a place where D does not have occupation or control
Read v Lyons
case showing damage must be reasonably forseeable
Cambridge water co
only those in control with proprietary interest in the land affected
Transco v Stockport MBC
Defences - D can argue act of a stranger when teh escape is caused by someone D does not have control over
Rickards v Lothian
Defences - D can argue act of god when the escape is caused by some natural force that no human could forsee or prevent
Nichols v Marsland
