Rylands v fletcher Flashcards
(20 cards)
What type of offence is rylands v fletcher?
strict liability
What is the test?
- an accumulation on D’s land
- Of a non-natural substance
- that (if it) escapes
- is likely to cause mischief
- and the damage must not be too remote
What does not count as an accumulation?
If the thing was already on the land or is there naturally
For an accumulation, why must the thing be accumulated?
For D’s own purposes
In regards to an accumulation, does the thing that escapes need to be the thing accumulated?
No
Does an accumulation need to be hazardous?
No, it just needs to be likely to cause damage if it escapes
Why does there need to be an escape?
Because an injury caused by the mischievous accumulation on D’s land is not rylands v fletcher
What cases show a non-natural use of land?
Rickards v lothian
transco v stockport MBC
What cases show a non-natural use of land?
Rickards v lothian
transco v stockport MBC
What are the cases for an escape?
read v lyons
hale v jennings
What case shows remoteness?
cambridge water v eastern counties leather
weller v foot and mouth disease research institute
What case shows that economic loss isnt valid under rylands v fletcher?
weller v foot and mouth disease research institute
What are the defences?
.act of a stranger
.wrongful act of third party
.act of god
.statutory authority
.consent/benefit
What is the defence of act of a stranger?
If the escape was caused by a stranger where D has no control
What is the case fro act of a stranger?
box v jubb
What is the case for wrongful act of a third party?
rickards v lothian
What is the case for an act of god?
nichols v marsland
Case for statutory authority?
charing cross electric supply co v hydraulic power co
What is the consent/benefit defence?
Where C receives a benefit from the thing accumulated, they may be seen to have consented to the accumulation
Case for consent/benefit?
Peters v prince of wales theatre
