rylands and fletcher Flashcards
(16 cards)
rylands and fletcher
hired contractors to create a reservoire - contractors negligent - flooded neigbouring mines-
which lord defined this tort
lord cranworth
what is the test that shows potential defendant
viscounts simons test in read v lyons
giles v walker
weeds naturally occur on land so no liaiblilty
elison v minisry of defence
rainwater accumulates naturallt on land so no liability
stannard v gore
stored tyres = fire spread - not negligent but strictly liable - in this case storage of hte tyres presented a high risk of sdanger and was non nat;ural usse of hte land- HOWEVER coa disagreed - the thing mu st escape not the fire + not something exeptionally dangerous and was readosbale and irdnary on an industrial esstate
transco v stockport
non natural refers to extraordianry and unusual in that time of place - lord bingham
claimants cant claim for perosnal injuries - obiter dicta
rickards v lothian
unknown person blocked all the sinks causing a flood - damaged claimant s stocks- defendant wasnot lliable as wrongful act was by a third party and ther use of water in doemestic popes was a natural usse of land
british celanese v hunt
stored metal strips used in electrical components - blew off land causing a power outage - use id kand natural as benefit obtained by localpopulation even though badly stord
cambridge water
spillages of solvent into soil led to borehole close down - not liable as damge awss too remote - not reasoanbly forseeabke thath spillaese would result in the closing of ht eboehole
peters v prince of wales theatre
icy condition let to sprinkler pipe burst - not liable - defence of volenti - when signed lease deemed to have accepted the use of sthe s sprinkler syste and it was equally a benefit for the claimant
nichols v marsland
exceptionally heavy rain cuased artificial lakes and waterways belonging tp d flooding and damanging adjoning land - not laoble - defenve og act of god
dunne v north west gas board
gas escaped from pipe - travelled along sewer and resulted in series of explosioons - d not liable as had not accumulated gas for their own purposes and instead for a common benefit
miles v forest rock granite
naurallt occuring rocks blasted with explosives - explosion escaped not the rock - strictly liable as had brough onto the land the explosives
perry v kenddricls
act of a third paerty - kids matches cuased explosion