Rylands v Fletcher

  • Created by: __Jess
  • Created on: 24-11-22 19:48
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  • Rylands v Fletcher
    • Bringing onto the land, and an accumulation/storage of
      • The D must bring something onto the land which is not naturally present
        • Giles v Walker (not weeds)
        • Ellison v Ministry of Defence (not flooding)
    • A thing likely to cause mischief if it escapes
      • The damage must be foreseeable, not the escape
        • Hale v Jennings Bros (fairground ride counts)
        • LMS v Styrene Packaging (fire, in rare circumstances)
          • Stannard
        • Stannard
    • Which amounts to a non-natural use of the land
      • Unusual use of the land which brings increased danger and does not benefit the general community
        • Rickards v Lothian (water supply is natural usage)
        • British Celanese v AH Hunt ltd (benefit of population)
        • Cambridge Water Co v Eastern Counties Leather (danger to public)
    • Which does escape and causes foreseeable damage to adjoining property
      • Claimants must have a proprietary interest in the land
        • Read v Lyons (claimed for personal injury)
      • Damage must be foreseeable
        • Cambridge Water Co (damages too remote)
    • Defences
      • Consent
      • Contributory negligence
      • Act of a stranger
      • Act of God
      • Statutory authority
    • Parties to action
      • Claimant
        • A person with an interest in the affected land
      • Defendant
        • Owner or occupier of the land, with some control


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