rylands v fletcher Flashcards
(17 cards)
definitions of rylands v fletcher
- strict liability tort
- person who brings something onto their land thats likely to cause problems if it escape can be liable for any damages it causes
who can claim under rylands v fletcher
claimant = must have interest in land
transco plc v stockport mbc
who can be liable under rylands v fletcher
d must be occupier/controler of the land
read v Lyons
what must be brought onto ht eland
“thing” must be brought and accumulated
- if occurs naturally , no liability
giles v walker (weeds)
must the thing be dangerous
no
nut must cause problems if it escapes
rylands v fletcher
must the thing escape
yes , must escape from ds land or control
read v Lyons
examples of things that cause mischief if escape
gas/electricity
flagpole
etc
what kind of damage must be caused
property damage needed
- fire = tricky , unless deliberately or negligently set, may not count
stannard v gore
is foreseeability required
yes
harm must be foreseeable, not escape itself
read v lyon
what is a non natural use of land
extraordinary/ unusual use of land
potentially dangerous activity ( Cambridge water)
can u claim for pi or finical loss under r v f
no
Cambridge water
whats defence of volenti non fit injuria
consent to the risk = no liability
Peters v prince of Wales theatre
defence of common benefit
no liability of both parties benefit
dunne v north west gas board
act of god defence
unforeseeable natural events occurring beyond human control
Nicholis v marsland
act of a stranger defence
damaged caused y someone the d has no control over
Perry v Kendricks transport
how does contributory negligence apply
if claimants own fiat contributed to damage , compensations reduced
Eastern & South African Telegraph Co v Cape Town Tramways
remedies available
compensation damages for property damage
personal injury
