Tort of Rylands v Fletcher Flashcards
What is the tort of Rylands v Fletcher?
Where the defendant brings/stores something on land which could cause mischief if it escapes, the thing is non-natural and escapes onto adjoining property, causing damage.
What is required for the tort of Rylands v Fletcher to apply?
The thing itself must escape from one property to another property, meaning the thing must escape from D’s land to C’s land.
What must be established for a party to be a claimant?
C must have proprietary interest in the land
What must be established for a party to be a defendant?
D has to have control over land being an owner/occupier of the land where accumulation is stored
What is the first element?
D must have brought a substance onto the land
Give a case where thing was brought onto land
Giles v Walker
Why was there no liability in Giles v Walker?
No liability when weed spread onto neighbouring land as they were growing there naturally
Name the case for mischief
Hale v Jenning Bros
Name the case for non natural use of land by storing thing
Cambridge Water v Eastern Counties
Name the case that defined ‘where there is an increased risk of dangers to others due to it’s accumulation
Rickard v Lothian
Name the case where thing must escape from one property to another property
Read v Lyons
Name the case where unnatural storage became natural due to the social benefit
British Celanese v Hunt Ltd.
name the case that included escape of fire
Stannard v Gore
What were the main facts and outcome of Stannard v Gore
Fire broke out on D’s property and spread to their tyres which travelled to C’s land.
OUTCOME: as the fire escaped and not ‘thing’, the claim failed
Main facts of Hale v Jennings Bros
D was liable as the risk of injury was foreseeable if the car on a fairground ride came loose.
