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)
- The D must bring something onto the land which is not naturally present
- 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
- The damage must be foreseeable, not the escape
- 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)
- Unusual use of the land which brings increased danger and does not benefit the general community
- 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)
- Claimants must have a proprietary interest in the land
- 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
- Claimant
- Bringing onto the land, and an accumulation/storage of
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