Rylands v Fletcher Flashcards
(24 cards)
how many stages are there that need to be addressed?
7
what is the first stage?
valid claimant and defendant
1) principle from Hunter v Canary Wharf (valid claimant)
claimant must have interest in land to pursue a claim of nuisance
1) valid defendant is…
D needs to be either the accumulator or the occupier of the land the thing is accumulated on
what is the second stage?
D brought something onto the land
2) how must it be brought onto the land
voluntarily brought and accumulated
2) principle from Giles v Walker
it must be an accumulation of something artificial (not crops)
what is the third stage?
non natural use of land
3) principle from Cambridge water v Eastern Counties
must be a potentially dangerous activity
3) principle from Mason v Levy auto parts
applies to things stored in large quantities
what is the fourth stage?
the thing will most likely cause mischief if it escapes
4) principle from Hale v Jennings
the thing itself does not need to be inherently dangerous
what is the fifth stage?
there must be an escape
5) case for there must be an escape?
Read v Lyons
what is the sixth stage?
the damage must be foreseeable
6) case for damage must be foreseeable?
Transco v Stockport
what is the seventh stage?
being able to identify all the defences
7) how many defences are there
6
7) name all the defences
- volenti non fit injuria
- common benefit
- act of god
- act of stranger
- statutory authority
- fault of claimant or contributory negligence (under the law reform act 1945)
7) case for volenti non fit injuria defence?
Peters v Prince of Wales theatre
7) case for common benefit defence?
Dune v North West Gas board
7) case for act of god defence?
Nichols v Marsland
7) case for act of a stranger defence?
Perry v Kendricks Transport
7) case for statutory authority defence?
Green v Chelsea Waterworks
