Rylands v Fletcher

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  • Created by: Sahar
  • Created on: 09-02-15 14:20

Rylands v Fletcher


Strict liability land based tort + foreseeability 

Dispute between land owners. Highly unlikely to sue for personal injury Read-must escape. Damage to property and land. C must be owner of land Hunter 

1-D must bring something onto their land which does not grow naturally 

2-Non natural use of the land. Crowhurst- tree, poison, horse. Giles- seeds from thinsle blew naturally occuring X Transco plc- domestic pipes natural use. per situation, something of norm 

3- It must be foreseeable that an escape would cause damage Cambridge Waters Co Escape itself doesn't have to be foreseeable 

4- It has to escape from D's land onto C's land Read X

5- Must cause damage which was reasonably foreseeable- Cambridge 

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1- Act of a stranger, third party over D has no control Rickards-tap 

2- Volenti (consent) from C to allow D to bring the thing. Peters- water storage benefit X 

3- Statutory authority Green- waterworks X 

4- Contributory- reduced 

5- Act of God- extreme weather conditions. Nichols- heavy rainfall caused lake to flood 

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