Rylands V Fletcher Flashcards
Rylands v Fletcher
Water escaped from reservoir into claimants mine. Introduced liability for escape.
Definition quote
‘A person who brings in his land and collects and keeps there anything likely to do mischief if it escaped, is liable, for all the damage which is a natural consequence of its escape’
Hunter v Canary Wharf
Must have interest in the land. Must own or rent.
Seller & Co v Foot & mouth disease research institute
Virus escaped. Ban on movement of livestock locally claimants where cattle auctioneers who lost income but failed as didn’t own land cattle where on.
Smith V Scott
Local authorities let a house to homeless. Next door neighbour tried to sue LA but as they weren’t in control of the land it failed
Rugby v Chief constable of Northampton
Police trying to capture psychopath release CS gas into shop which sets on fire. Escape from van to shop
Crown river cruises v kimbolton fireworks
A barge could qualify as land
Hiller v Air Ministry
Electricity escaped from underground cables and electrocuted cows
Crowhurst v Amersham burial board
Yew trees went over boundary and killed animals in field
Hale v Jennings bros
Chair o plane flew of ride and damaged adjacent land
Stannard v gore
D had stacks of tires that caught on fire and damaged C’s land no escape as only fire
Musgrove v pandelis
Fire in garage form cars petrol their had been no negligence
Read v Lyon’s
C inspecting WW2 munitions in factory one blows up injuring her.
-no escape
-can’t sue for personal injury
What is the quote from Cambridge waters v eastern counties leather about being aware of the escape?
‘The defendant must know or have or ought to have reasonably foreseen that damage of the relevant type’
Nichols v Marsland
Heaviest rain in living memory water broke banks of artificial lakes and destroyed bridges act of god defence
