Torts connected to land: Rylands v Fletcher Flashcards
What is strict liability?
No MR needed, D only needs to cause what happened
What test did R v F state?
Bringing onto land/ accumulation
Likely to cause mischief is escapes
Amounts to non-natural use of land
Does escape and cause RF damage
What happened in R v F?
Reservoir made, D negligently faieddl to block off disused minshafts, water flooded neighbouring mines after reservoir filled
Test was established
Who is the claimant?
Hvae interest in land
Transco
Who is the defendant?
Owner/occupier of land
D has some control over land which material is stored
Read v Lyons
What is bringing onto the land?
Must be a bringin onto the land of a substance
What happens if the substance is naturally brought onto the land?
Not an accumulation
Weeds
Giles v Walker
What won’t be a bringing onto the land?
If naturally accumulated
Rainwater
Ellison v Ministry
What is the ‘thing’ likely to do mischief if it escapes?
A test of foreseeability
Damage must be RF if thing escapes
If doesn’t escape, can’t claim
What happened in Hale v Jennings Bros?
Ride becoming detached from ride meant owner was liable as risk of injury was foreseeable if chair became loose
What is not covered under rylands?
Personal injury
What is a by-product?
Something the ‘thing’ produces which makes disturbance
If by-product escapes rather than ‘thing’ itself, won’t be fulfilled
What happened in Stannard v Gore?
Smoke from tyres spread, not possible to claim
What is a non-natural use of land?
Some extraordinary/unusual use of land
What happened in Rickards v Lothian?
Use of water in domestic pipes was a natural use of land, D not liable
