Rylands v Fletcher Flashcards
(15 cards)
What is Rylands v Fletcher (1868)?
Where a person’s property is damaged or destroyed by the escape of non-naturally stored material onto adjoining property.
What must the claimant have in order to bring a claim?
An interest in the land.
What was held in Weller (1966)?
Pure economic loss is not recoverable under Ryland’s v Fletcher.
What must the defendant be?
The accumulator or occupier of the land that the dangerous thing was accumulated on.
What is element one?
The bringing onto the land and an accumulation; meaning the defendant must bring a substance onto the land and let it accumulate.
What happened in Giles (1890) and what was decided?
- Weeds spread onto neighbouring land.
- No liability as they were naturally growing.
What is element two?
The thing that is likely to cause mischief if it escapes and there is an escape.
What was held in Hale (1938)?
The owner was liable as the risk of injury was foreseeable if the car came loose.
What is element three?
A non-natural use of the land
What does non-natural mean?
Extraordinary and unusual.
What is an example of a non-natural use of land?
Things stored in large quantities.
What is an example of a natural use of land?
Things that benefit the public.
What was held in British Celanese (1969)?
The use of the land was natural due to the benefit obtained by the public.
What is element four?
The thing must escape.
What was held in Read v Lyons (1947)?
The thing must move from the defendant’s land to the claimant’s.
