Torts connected to land: Rylands v Fletcher Flashcards
What is strict liability?
No MR needed, D only needs to cause what happened
What test did R v F state?
Bringing onto land/ accumulation
Likely to cause mischief is escapes
Amounts to non-natural use of land
Does escape and cause RF damage
What happened in R v F?
Reservoir made, D negligently faieddl to block off disused minshafts, water flooded neighbouring mines after reservoir filled
Test was established
Who is the claimant?
Hvae interest in land
Transco
Who is the defendant?
Owner/occupier of land
D has some control over land which material is stored
Read v Lyons
What is bringing onto the land?
Must be a bringin onto the land of a substance
What happens if the substance is naturally brought onto the land?
Not an accumulation
Weeds
Giles v Walker
What won’t be a bringing onto the land?
If naturally accumulated
Rainwater
Ellison v Ministry
What is the ‘thing’ likely to do mischief if it escapes?
A test of foreseeability
Damage must be RF if thing escapes
If doesn’t escape, can’t claim
What happened in Hale v Jennings Bros?
Ride becoming detached from ride meant owner was liable as risk of injury was foreseeable if chair became loose
What is not covered under rylands?
Personal injury
What is a by-product?
Something the ‘thing’ produces which makes disturbance
If by-product escapes rather than ‘thing’ itself, won’t be fulfilled
What happened in Stannard v Gore?
Smoke from tyres spread, not possible to claim
What is a non-natural use of land?
Some extraordinary/unusual use of land
What happened in Rickards v Lothian?
Use of water in domestic pipes was a natural use of land, D not liable
What happens if public can benefit from use of land?
Court may find use of land natural
What happened in Celanese v A H Hunt Ltd?
Natural use of land as benefit obtained by local population
What happened in Cambridge Water Co v Eastern Counties Leather plc?
Storag of chemical was classed as non-natural use of land despite factory being important source of local employment
Not too remote
What happened in Transco v Stockport MBC?
Action can be taken in Rylands if use of land was out of ordinary, considering the time and place and whether the activities benefitted the public is irrelevent
What is the ‘thing’ must escape and casue RF damage?
Must not be too remote
Must escape from one property onto adjoining property
What happened in Ponting v Noakes?
Leaves were in defendant’s land, didn’t escape, not liable
What happened in Miles v Forest Roch Granite?
Blasted rocks using explosives which they accumulated
Explosives accumulated and caused rocks to escape so was liable
What happened in Read v Lyons?
Explosion took place in munitions factory, causing injury
No escape, not liable
What are the defences?
Consent
Contributory negligence
Act of stranger
Act of God - extreme weather
Statutory Authority
What are the remedies?
Cost of repair or placement or property damaged/destroyed
