Rylands Flashcards
(13 cards)
Rylands V Fletcher definition
When D has accumulated something dangerous on his land which escapes and causes damage on neighboring land
Read V Lyons (who can be sued)
Anyone with control of the land where the problem started can be sued
Transco V Stockport MBC
The claimant must have a proprietary interest in the affected land
Ellison V Ministry of Defense
Where the thing that caused the damage naturally accumulates on the land it cannot be said that the defendant has brought it onto their land
Accumulation
Must be proven that the defendant brought the dangerous thing onto the land
Read V Lyons (Escape)
The thing must go into a place where D does not have occupation or control
Stannard V Gore (escape)
Where fire escapes and causes damage D must have brought the fire into the land not just flammable objects that start or worsen the fire
Transco V Stockport MBC (exceptionally high risk of danger)
One could foresee a very high risk of damage if the thing escapes, not how foreseeable the escape is
Transco V Stockport MBC (non natural use of land)
A non natural use is an extraordinary and unusual use of the land
Defenses
Act of a stranger
Act of god
Act of a stranger, when it can be used and case
When the escape is caused by someone D doesn’t have control over
Rickards V Lothian
Act of God, when it can be used and case
When the escape is caused by some natural force which no human could foresee or prevent
Nichols V Marsland
Remedy
Claiming damages
