Tort Law - The Rule in Rylands v Fletcher Flashcards
Cambridge Water v Eastern Counties judgment on presence of substance
Chemicals classic example of non-natural use - look at natural process of it getting there
What was the interpretation of the presence of the substance at the HoL in Rylands?
‘Non-natural’ use
Perry v Kendrick general
Petrol tank, boys
What is the enterprise theory of liability?
Policy requiring costs of a non-natural enterprise to be internalised and borne by the responsible party
What does an act of god need to be?
Overwhelming and extraordinary natural event
What kind of liability is in the rule in Rylands?
Strict
Read v Lyons general
Explosives factory
What judge in what case gave the ‘not naturally there’ test as something you could be expected to insure against?
Lord Hoffman in Transco plc v Stockport
Rylands v Fletcher general
Reservoir, mineshafts
Water pipe
Transco plc v Stockport
Transco plc v Stockport general
Water pipe
Why is the confirmation in Transco plc v Stockport of Rylands as a particular application of nuisance to isolated escapes problematic?
Cambridge water happened over a period of time
Borehole PCE
Cambridge Water v Eastern Counties
Transco plc v Stockport on damages
Rules on standing and damages same as for negligence
Perry v Kendrick judgment
No liability under Rylands because deliberate act of a 3rd
What case gives no liability under Rylands for deliberate act of 3rd
Perry v Kendrick
What judge in Read v Lyons gave the ‘non-natural’ use interpretation?
Lord Macmillan
How did Read v Lyons justify the need for the substance to escape?
Rylands is already an exception to the general rule of fault-based liability
Ryeford v Sevenoaks general
PEL
What is the main reason Goff rejects enterprise theory of Rylands?
Law Com failed to recommend such a proposal
What did Goff reject in regard to foreseeability in Cambridge Water v Eastern Counties?
D not liable for continuing escape now it was foreseeable as he could do nothing
Ryeford v Sevenoaks judgment
Claim for PEL only if consequential upon property damages
What judge in what case rejected the enterprise theory of Rylands?
Goff in Cambridge Water v Eastern Counties
Burnie Port v General Jones general
Australia Rylands
Cambridge Water v Eastern Counties general
Borehole PCE
Requirements for Rylands
Accumulation of a dangerous substance on D’s land, substance not naturally present, escape and damage
What judge in what case suggested Rylands is the beginning of an ‘enterprise liability’ theory?
Hoffmann in Transco v Stockport
Transco v Stockport on Burnie Port v General Jones
Rejected assimilation of Rylands with negligence
Cambridge Water v Eastern Counties remoteness
KIND of damage (not escape) reasonably foreseeable
Transco plc v Stockport judgment on presence of substance
Natural use of land - per Hoffmann, something you expect to insure yourself against
What are the two possible defences to Rylands
Deliberate acts of a 3rd and act of god
What was the interpretation of the presence of the substance at the first level in Rylands?
Not naturally there
Why did Rylands not apply in Read v Lyons?
No escape and exactly what you’d expect - no ‘non-natural use’
What case gave the remoteness rule for Rylands?
Cambridge Water v Eastern Counties
What judge in Rylands gave the requirements for the rule?
Blackburn J
Read v Lyons on damages
No claim for personal injury
What case confirmed Rylands is a specific application of nuisance to isolated escapes?
Transco plc v Stockport
Why is the rule in Rylands attractive to C?
Strict liability
Burnie Port v General Jones judgment
Assimilating Rylands with negligence
Read v Lyons on presence of substance
‘Non-natural’ use
What case showed rules on standing and damages same as for negligence?
Transco plc v Stockport
What case showed no claim for personal injury in Rylands
Read v Lyons
