Rylands v Fletcher 2B Flashcards
(38 cards)
What is the definition of the Rylands v Fletcher rule?
This rule works when D has accumulated something dangerous on his land, which escapes and causes damage on neighbouring land.
How many elements are there in Rylands v Fletcher?
6
What are the 6 elements of Rylands v Fletcher?
- C must be able to sue D
- D must accumulate something onto their land
- That thing must escape
- There must be an exceptionally high risk of danger if that thing were to escape
- The thing must cause reasonably foreseeable damage
- D’s use of that thing must be a non natural use of their land.
What case is used to decide if the defendant can be sued?
Read v Lyons
What does Read v Lyons say for the 1st element?
Anyone with control of the land where the problem started may be brought to court under Rylands v Fletcher.
What case says anyone with control of the land where the problem started may be brought to court under Rylands v Fletcher?
Read v Lyons
What case do we use to decide if a claimant can sue?
Transco v Stockport
What does Transco v Stockport say for the first element?
C needs to have a proprietary right in the land to be able to sue.
What case says C needs to have a proprietary right in the land to be able to sue?
Transco v Stockport
What case is used for the 2nd element?
Ellison v MoD
What does Ellison v MoD say?
Where the thing causing damage naturally accumulates on the land, it cannot be said that D has ‘brought’ it onto his land.
What case says where the thing causing damage naturally accumulates on the land, it cannot be said that D has ‘brought’ it onto his land?
Ellison v MoD
What case is used for the 3rd element?
Read v Lyons
What does Read v Lyons say for the 3rd element?
‘Escape’ means the thing goes into a place where D does not have occupation or control.
What case says ‘Escape’ means the thing goes into a place where D does not have occupation or control?
Read v Lyons
What case is used for Fire in the 3rd element?
Stannard v Gore
What does Stannard v Gore say?
Where fire escapes and causes damage, D must have brought that fire onto his land, not just the objects that start or worsen the fire.
What case says where fire escapes and causes damage, D must have brought that fire onto his land, not just the objects that start or worsen the fire?
Stannard v Gore
What case is used for the 4th element?
Transco v Stockport
What does Transco v Stockport say for the 4th element?
A person has to foresee a very high risk of damage if the thing escapes.
What case says a person has to foresee a very high risk of damage if the thing escapes?
Transco v Stockport
What case is used for the 5th element?
Cambridge Water Co
What does Cambridge Water Co say?
The type of damage must be reasonably foreseeable.
What case says the type of damage must be reasonably foreseeable?
Cambridge Water Co
