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Flashcards in Rylands v Fletcher Deck (18)
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1
Q

What is the principle from the case of Rylands v Fletcher?

A

When D has accumulated something dangerous on his land, which escapes and causes damage to neighbouring land.

2
Q

What are the 5 elements of Rylands v Fletcher?

A
  1. D must bring or accumulate something onto their land.
  2. That thing must be likely to cause mischief if it escapes.
  3. Bringing or accumulating the thing must be a non-natural use of land.
  4. The thing must actually escape and cause reasonably foreseeable damage.
  5. C can sue D.
3
Q

What did the case of Read v Lyons say?

A

D must actually be the owner of their land.

4
Q

What must D be for the 1st element to be made out?

A

The owner/occupier of the land (Read v Lyons) and have control over their land.

5
Q

What is the principle from Smith v Scott?

A

Where the owner has let (rented) the land to other, the tenants have control of that land.

6
Q

What is the principle from Ellison v Ministry of Defence?

A

Where the thing causing damage is natural, it cannot be said D brought it onto the land.

7
Q

What does the 2nd element mean?

A

One could foresee damage once the thing has escaped. NOT how foreseeable the escape is.

8
Q

What happened in Hale v Jennings?

A

A chair came loose from a fair ride and injured C. This is an example of damage being foreseeable once the escape has occurred, not how foreseeable the escape is.

9
Q

What is the case when dealing with fire damage?

A

Stannard v Gore - Where fire escapes and causes damage, D must have brought that fire onto the land, not just objects that start or worsen the fire. I.e. D must bring the fire directly, not the objects to start a fire.

10
Q

What did Rickards v Lothian define non-natural use of land as?

A

Some special use bringing with it increased danger to others - not ordinary use of the land nor one that is of general benefit to the community.

11
Q

What is the case of British Celanese v A H Hunt Ltd an example of?

A

A use of land that has extra risk but has a general benefit to the community so isn’t non-natural use.

12
Q

What did Cambridge Water Co. v Eastern Counties Leather say?

A

Even of there is a general benefit to the community, if the use of land is very dangerous, the use of land can still be non-natural.

13
Q

What is the essay structure for the 3rd element?

A
  • Always explain Rickards v Lothian and Cambridge Water Co. (Use British Celanese when appropriate)
    When Applying answer:
    1. Is D using the land for ordinary purposes
    2. Is D’s use giving a public benefit
    3. Is the use very dangerous
14
Q

What are the cases for the 4th element?

A

Read v Lyons - ‘Escape’ means the thing goes in a place where D does not have control.

Cambridge Water Co. v Eastern Countries Leather - Damage must not be too remote.

15
Q

Who can sue?

A

Anyone with proprietary interest in the land - Transco v Stockport MBC
e.g. children cannot sue

16
Q

Who can be sued?

A

D if they have control of the land from which the escape is from - Read v Lyons.

17
Q

What are the defences to Rylands v Fletcher?

A
  • Volenti
  • Statutory Authority
  • Acts of a stranger - When the escape is caused by someone D doesn’t have control over - Rickards v Lothian
  • Acts of God - When the escape is caused by a natural force - Nichols v Marsland
18
Q

What is the remedy for Rylands v Fletcher?

A

Damages - Payment from D to C