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.
Main facts for Giles v Walker
There was no liability for weeds spreading onto neighbouring land as they were growing there naturally
The thing must be likely to do _____ if it escapes
mischief
List 5 potentially dangerous properties that can show ‘thing’ is likely to do mischief
sticky, liquid, flammable, large, heavy
What is the case for proprietary interest?
Transco v Stockport MBC
Name the 4 defences that leads to no liability for D
- An act of God
- An act of a stranger
- Statutory authority
- Consent
Name the defence where only damages may be reduced
Contributory negligence (C contribute to their own losses)
What is an act of God?
extreme weather conditions
What is the case name for act of God defence?
Nichols v Marsland
Main facts and outcome of Nichols v Marsland?
thunderstorms + rain broke the banks of D’s artificial lakes -> caused destruction of C’s bridge - No liability
