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Law Second Year > Tort Law - The Rule in Rylands v Fletcher > Flashcards

Tort Law - The Rule in Rylands v Fletcher Flashcards

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1
Q

Cambridge Water v Eastern Counties judgment on presence of substance

A

Chemicals classic example of non-natural use - look at natural process of it getting there

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2
Q

What was the interpretation of the presence of the substance at the HoL in Rylands?

A

‘Non-natural’ use

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3
Q

Perry v Kendrick general

A

Petrol tank, boys

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4
Q

What is the enterprise theory of liability?

A

Policy requiring costs of a non-natural enterprise to be internalised and borne by the responsible party

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5
Q

What does an act of god need to be?

A

Overwhelming and extraordinary natural event

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6
Q

What kind of liability is in the rule in Rylands?

A

Strict

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7
Q

Read v Lyons general

A

Explosives factory

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8
Q

What judge in what case gave the ‘not naturally there’ test as something you could be expected to insure against?

A

Lord Hoffman in Transco plc v Stockport

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9
Q

Rylands v Fletcher general

A

Reservoir, mineshafts

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10
Q

Water pipe

A

Transco plc v Stockport

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11
Q

Transco plc v Stockport general

A

Water pipe

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12
Q

Why is the confirmation in Transco plc v Stockport of Rylands as a particular application of nuisance to isolated escapes problematic?

A

Cambridge water happened over a period of time

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13
Q

Borehole PCE

A

Cambridge Water v Eastern Counties

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14
Q

Transco plc v Stockport on damages

A

Rules on standing and damages same as for negligence

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15
Q

Perry v Kendrick judgment

A

No liability under Rylands because deliberate act of a 3rd

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16
Q

What case gives no liability under Rylands for deliberate act of 3rd

A

Perry v Kendrick

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17
Q

What judge in Read v Lyons gave the ‘non-natural’ use interpretation?

A

Lord Macmillan

18
Q

How did Read v Lyons justify the need for the substance to escape?

A

Rylands is already an exception to the general rule of fault-based liability

19
Q

Ryeford v Sevenoaks general

A

PEL

20
Q

What is the main reason Goff rejects enterprise theory of Rylands?

A

Law Com failed to recommend such a proposal

21
Q

What did Goff reject in regard to foreseeability in Cambridge Water v Eastern Counties?

A

D not liable for continuing escape now it was foreseeable as he could do nothing

22
Q

Ryeford v Sevenoaks judgment

A

Claim for PEL only if consequential upon property damages

23
Q

What judge in what case rejected the enterprise theory of Rylands?

A

Goff in Cambridge Water v Eastern Counties

24
Q

Burnie Port v General Jones general

A

Australia Rylands

25
Q

Cambridge Water v Eastern Counties general

A

Borehole PCE

26
Q

Requirements for Rylands

A

Accumulation of a dangerous substance on D’s land, substance not naturally present, escape and damage

27
Q

What judge in what case suggested Rylands is the beginning of an ‘enterprise liability’ theory?

A

Hoffmann in Transco v Stockport

28
Q

Transco v Stockport on Burnie Port v General Jones

A

Rejected assimilation of Rylands with negligence

29
Q

Cambridge Water v Eastern Counties remoteness

A

KIND of damage (not escape) reasonably foreseeable

30
Q

Transco plc v Stockport judgment on presence of substance

A

Natural use of land - per Hoffmann, something you expect to insure yourself against

31
Q

What are the two possible defences to Rylands

A

Deliberate acts of a 3rd and act of god

32
Q

What was the interpretation of the presence of the substance at the first level in Rylands?

A

Not naturally there

33
Q

Why did Rylands not apply in Read v Lyons?

A

No escape and exactly what you’d expect - no ‘non-natural use’

34
Q

What case gave the remoteness rule for Rylands?

A

Cambridge Water v Eastern Counties

35
Q

What judge in Rylands gave the requirements for the rule?

A

Blackburn J

36
Q

Read v Lyons on damages

A

No claim for personal injury

37
Q

What case confirmed Rylands is a specific application of nuisance to isolated escapes?

A

Transco plc v Stockport

38
Q

Why is the rule in Rylands attractive to C?

A

Strict liability

39
Q

Burnie Port v General Jones judgment

A

Assimilating Rylands with negligence

40
Q

Read v Lyons on presence of substance

A

‘Non-natural’ use

41
Q

What case showed rules on standing and damages same as for negligence?

A

Transco plc v Stockport

42
Q

What case showed no claim for personal injury in Rylands

A

Read v Lyons

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