RYLANDS V FLETCHER Flashcards
(21 cards)
why might c have an action in the tort of rylands v fletcher
due to the escape of a dangerous thing
what does it mean by it is a strict liability case
so the defendant will be liable even if they friend to prevent the escape or they didn’t know about it
what does the case of Hunt v Wharf set out
c has proprietary interest
what does the case of Read v Lyon’s set out
d is the occupier (or accumulator)
what is the definition of Rylands v Fletcher
anyone who lets on to his land and keeps something that is likely to cause mischief if it escapes, is answerable for the damage which is a natural consequence of its escape
the 2004 case of Transco vs Stockport developed this further
what must c do in rylands v fletch
show certain factors
what is the first factor set out in Giles v Walker
the thing must be brought and accumulated on ds land
what is the second factor established in Stannard v Gore
the thing that accumulates must be the thing that escapes
what is the third factor established in the case of Rylands v Fletcher and Hale v Jennings, Shiffman v Grand Priory
although the thing that is accumulated need not have to be inherently dangerous, the thing must be likely to do mischief (damage) if it escapes
what is the fourth factor established in Cambridge Waters v EC Leather
damage must be foreseeable
what is the fifth factor established in Read v Lyons and Hale v Jennings
thing must escape from the defendants land over which they have control, or escape from circumstances over which they have control
what is the sixth factor
there must be a non-natural use of land
what is meant by a non-natural use of land
a) extraordinary and unusual considering the time and place rather than a truly domestics —> transco v stockport
b.) must be potentially dangerous —> Cambridge Water v EC Leather
c.) it is likely to involve things stored in large quantities—> Mason v Levy
Person injury rylands v fletcher
claims are not actionable and so
what is the Act of God defence
arises where the things escaped due to unforeseeable extreme weather conditions—> Nichols v Marsland
what is meant by the defence of common benefit
dangerous thing has been accumulated by the defendant for either the common benefit of both the defendant and claimant, or just benefit of the claimant —> Dunne v North West Gas
What is meant by an act of a stranger
where the thing escapes because of the actions of someone over which the defendant had no control —> Perry v Kendrick
what is meant by statutory authority
where the thing was brought into the land and accumulated under the authority of a law? statute —> Charing Cross Electricity v Hydraulic Power
what is meant by volenti non fit injuria
where the claimant consents to the risk of damage when they fully understand the nature of the risk rather thank just being aware of its existence, and exercised free choice —> Peter v Prince of Wales Theatre
Damages act 1996
as a remedy, the court may award compensatory damages where the aim is to put the claimant in their pre-tor position
why dos the case of Macroft v Scruttons establish
mitigate loss, which means to keep the loss to a reasonable level by getting the property required or replaced promptly
