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Paper 2-Civil Law > Tort-Negligence-Rylands v Fletcher > Flashcards

Tort-Negligence-Rylands v Fletcher Flashcards

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1
Q

What year was the Rylands v Fletcher case seen by the HoL?

A

1868

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2
Q

Summarise facts of Rylands v Fletcher.

A

Owner of water mill (D) got contractors to build a reservoir.
They sealed it badly and it leaked into C’s mine shafts, causing damage.
Owner liable.

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3
Q

Why was the owner liable in Rylands v Fletcher?

A

Rylands v Fletcher is strict liability

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4
Q

What is the other key case to now when studying Rylands v Fletcher?

A

Transco plc v Stockport MBC (2003)

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5
Q

What did the HoL confirm in Transco?

A

This is a sub-species of nuisance

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6
Q

Summarise facts of Transco plc.

A

D’s water-pipe leaked, washing away earth round a gas pipe causing damage.
Not liable as number of tests not met.

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7
Q

Test 1 for Rylands v Fletcher?

A

The C’s legal position

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8
Q

What does test 1 for Rylands v Fletcher mean?

A

As with private nuisance, C must have a legal interest in the land

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9
Q

What case is used for test 1 of Rylands V Fletcher?

A

Hunter v Canary Wharf (1997)

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10
Q

Test 2 for Rylands v Fletcher?

A

Accumulation

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11
Q

What does test 2 for Rylands v Fletcher mean?

A

The D must have brought onto his land an accumulation of the substance which escaped.

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12
Q

What must the substance which the D accumulate be?

A

It must be there “artificially” rather than “naturally”.

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13
Q

What case is used for test 2 of Rylands v Fletcher?

A

Giles v Walker (1980)

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14
Q

Facts of Giles v Walker (1980)

A

D ploughed his land which then became covered in thistles which spread to the neighbour’s land.
Not liable as the accumulation of thistles was natural not artificial

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15
Q

How many tests are there for Rylands v Fletcher?

A

6

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16
Q

What are the 5 tests for Rylands v Fletcher?

A
  1. C’s legal position
  2. Accumulation
  3. A dangerous thing
  4. Extraordinary and unusual purpose
  5. Escape
  6. Reasonably foreseeable damage
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17
Q

Test 3 of Rylands v Fletcher.

A

A dangerous thing

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18
Q

What does test 3 of Rylands v Fletcher mean?

A

The substance must be dangerous

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19
Q

What are the only 2 ways in which a substance could be dangerous for test 3 of Rylands v Fletcher?

A
  1. Could be obviously dangerous - explosives, acids etc
  2. Could be dangerous when stored in large amounts - e.g., water in Rylands v Fletcher
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20
Q

Case for test 3 of Rylands v Fletcher.

A

Hale v Jennings Bros (1938)

21
Q

Facts of Hales v Jennings Bros (1938).

A

The dangerous things was a chair from a fairground ride which came off mid-ride.

22
Q

What does the HoL say in Transco about the 3rd test-a dangerous thing?

A

This test could also be posed as something which creates “exceptional risk”
(water leaking out of pipe did not meet this test)

23
Q

Test 4 of Rylands v Fletcher.

A

Extraordinary and unusual purpose

24
Q

How was test 4 explained by Rylands v Fletcher?

A

It was stated that the dangerous accumulated substance must be there for a non-commonplace reason

25
Q

What did the HoL rephrase test 4 in Transco?

A

The accumulated substance must be there for a reason which is “extraordinary and unsual”.

26
Q

Cases for test 4 of Rylands v Fletcher.

A

Rickards v Lothian (1913)

Cambridge Water v Eastern Counties Leather (1913)

27
Q

Facts of Rickards v Lothian (1913).

A

Tap overflowed and damaged goods a floor below.
Not liable as a tap supplied by a pipe is an ordinary way of using a building

28
Q

Facts of Cambridge Water v Eastern Counties Leather (1913).

A

Industrial chemicals leaked and damaged a nearby springs; HoL said storage of chemicals was non-natural

29
Q

Test 5 of Rylands v Fletcher.

A

Escape

30
Q

What does test 5 mean from Rylands v Fletcher?

A

Substance must have moved from the land the D controls to land he does not.

31
Q

Case for test 5.

A

Read v Lyons (1946).

32
Q

Facts of Read v Lyons (1946)

A

C was an inspector injured by an exploding shell at a munitions factory,
No liability as no escape.

33
Q

Test 6 of Rylands v Fletcher.

A

Reasonably foreseeable damage.

34
Q

Case for test 6.

A

Cambridge Water v Eastern Counties Leather (1913)

35
Q

Why did Cambridge Water not meet test 6?

A

The damage was not foreseeable

36
Q

What defences are available for Rylands v Fletcher?

A

Act of a stranger
Act of God
Statutory authority
Benefit of D and C
Fault of C
Fault partly Cs/sensitive land

37
Q

What does the defence of an act of a stranger mean?

A

D not liable if the escape is caused by the deliberate and unforeseen act of a stranger.

38
Q

Case for act of a stranger.

A

Rickards v Lothian (1913)

39
Q

Why was it an act of a stranger in Rickards?

A

A stranger had locked the drain and left the tap on

40
Q

What does the defence of an act of God mean?

A

That is, a natural event so enormous it could not be foreseen or guarded against

41
Q

Case for an act of God.

A

Nichols v Marsland (1876)

42
Q

Facts of Nichols v Marsland (1876)

A

D not liable for water escaping from his artificial lake as it was caused by the worse rain storm in living memory

43
Q

What does the defence of statutory authority mean?

A

D not liable if the escape occurs during the activities authorised by an Act of Parliament, unless negligence is involved.

44
Q

Case for statutory authority.

A

Green v Chelsea Waterworks Company (1894)

45
Q

Facts of Green v Chelsea Waterworks Company (1894).

A

D not liable for a burst pipe that had flooded C’s land as he had statutory duty to maintain the water supply.

46
Q

What does the defence benefit of the D and C mean?

A

No liability if escape relates to something being maintained for the benefit of the D and C e.g., water pipes in a block of flats

47
Q

What does the defence of fault of C mean?

A

D not liable if the escape was due to a fault of the C

48
Q

What does the defence of partly C’s fault/ sensitive land mean?

A

C’s damages reduced is the escape was partly his fault or the damage was made worse by the highly sensitive nature of his property.

Paper 2-Civil Law (29 decks)

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