Rylands V Fletcher P2 Section B Flashcards
(19 cards)
what is the simple legal principle in Rylands v Fletcher
the rule works when D has accumulated something dangerous on his land which escapes and causes damage on neighbouring land
what are the 6 elements of this tort
1 - C must be able to sue D
2 - D must bring or accumulate something onto their land
3 - That thing must escape
4 - There must be exceptionally high risk of danger if that thing where to escape
5 - that thing must cause reasonably foreseeable damage
6 - Ds use of that thing must be a non natural use of land
what are the 2 cases for element 1 can C sue D
Read v Lyons
Transco v Stockport MBC
what is the legal principle in Read v Lyons
anyone with control of the land where problem started may be brought to court under Rylands v Fletcher
what is the legal principle Transco v Stockport MPC
C needs to have proprietary right in the land to be able to sue
owner / occupier
what is the case for element 2 D must bring or accumulate something onto their land
Ellison v Ministry of Defence
what is the legal principle of Ellison v Ministry of Defence
where the thing causing damage naturally accumulates on the land it cannot be said that D has bought it onto his land
what are the 2 cases for Did the thing that D brought on to his land escape
Read v Lyons
Stannard v Gore
what is the legal principle for Read v Lyons element 3
Escape means the thing goes into a place where D does not have occupation or control
what is the rule for fire
Fire escaping and causing damage has proved problematic because D does not usually accumulate the fire just flammable objects
which are not the thing causing damage if they escape
what are the 2 cases for element 3 of did the thing that D brough to his land escape
Read v Lyons
Stannard v Gore
what is the legal principle for Stannard v Gore
where fire escapes and causes damage, D must have brought fire onto his land, not just objects that start or worsen the fire
what is the case for element 4 was there an exceptionally high risk of danger if that thing escaped
Transco v Stockport MBC
what is the principle for Transco in element 4
this means that one could foresee a very high risk of damage if that thing escapes
what is the case for element 5 was the type of damage actually caused reasonably forseeable
Cambridge Water CO v Eastern Counties Leather
what is the legal principle for Cambridge Water CO v Eastern Counties Leather
the type of damage caused must be reasonably foreseeable
what is the case for element 6 non natural use of land
Transco v Stockport MBC
what is the legal principle for Transco in element 6
a non natural use is an extraordinary and unusual use of land
what are the defeneces in Rylands v Fletcher
violenti non fit injuria
contributory negligence
