Rylands v Fletcher

?
  • Created by: Melanie
  • Created on: 06-05-16 10:23

Criteria

  • D brings something onto his land which will cause mischief.
  • The material escapes from the land.
  • Must be a non-natural use of the land.
  • Must be reasonably foreseeable.
1 of 4

Non-natural uses and Ordinary uses

Non-natural uses

Any material which is brought onto the land.

Ordinary uses.

Transco - Leak of water. Supplying water was an ordinary use.

Cambridge water - Non-natural use but had no idea that solvent could seep through concrete. Not reasonably foreseeable.

2 of 4

Who can sue?

Must have an interest in the land.

3 of 4

Defences and remedies

Defences

  • Consent
  • Contributory negligence
  • Statutory authority.
  • Necessity.
  • Act of God - e.g. extreme weather.
  • Act of a stranger - Rickards v Lothian - flooded the sinks.
4 of 4

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Tort resources »