Rylands v fletcher Flashcards
(9 cards)
What is the principle established in Rylands v Fletcher?
Harm done as a result of something dangerous escaping from neighboring land.
Who can claim under Rylands v Fletcher?
Claimant can claim if they have interest in the land.
Example: Transco v Stockport
What is required of the defendant in Rylands v Fletcher?
Defendant must be the occupier in control of the land.
Example: Read v Lyons
What must the defendant do regarding substances on the land?
Defendant must bring a substance onto the land, or it must accumulate there.
Example: Water brought to land and stays in reservoir, can’t be naturally present (Giles v Walker)
What did Lord Cairns state about the use of land?
Must be non-natural use of land, subjective and depends on the land; non-natural is an extraordinary or unusual use of land.
Examples: Transco v Stockport, Eastern countries leather, Charing cross
What must be likely if something escapes?
It must be likely to do mischief if it escapes; injury must be foreseeable.
Example: Hale v Jennings Bros
What does ‘escape’ mean in the context of Rylands v Fletcher?
Escape means to leave a place that the defendant has control over to a place outside control; things that escape must be what the defendant brought onto the land.
Example: Stannard v Gore
What type of damage can be claimed under Rylands v Fletcher?
Claim property damage, not personal injury.
Example: Transco v Stockport
What must be reasonably foreseeable in Rylands v Fletcher?
Must be reasonably foreseeable; a small amount of chemical contaminating water through ground is not foreseeable.
Example: Cambridge
