Ryland v Fletcher Cases

?
  • Created by: Amy
  • Created on: 05-04-17 01:42
Ryland v Fletcher
D liable for flooding on C’s land. Collects and keeps anything likely to do mischief if it escapes. The collecting and keeping must amount to a non-natural use of the land.
1 of 7
Giles v Walker – accumulation
Accumulations caused by nature do not fall within the rule.
2 of 7
Read v Lyons – likely to do mischief if it escapes
whether something is likely to cause mischief is judged by ‘common experience’. D was not liable under the rule because there had been no ‘escape’.
3 of 7
Transco Plc v Stockport MBC - likely to do mischief if it escapes
It must be shown that the D has done something which he recognised, or ought to, as giving rise to an exceptionally high risk of danger or mischief if there should be an escape’ it is a subspecies of nuisance – enjoyment of land. Piping was not natur
4 of 7
Hale v Jennings – damage suffered – personal injury
C suffered personal injuries caused by the D’s chair-o-plane at a fairground. C was entitled to damages under the rule in Rylands v Fletcher.
5 of 7
Cambridge Water co v Eastern Counties Leather – foreseeability – non-natural example
must show that damage was of a foreseeable type. This was because Rylands liability was best regarded as a 'subspecies of nuisance'. Storage of chemicals on industrial premises is a non-natural use.
6 of 7
Rickards v Lothian – examples of non-natural use
Must be some special use bringing with it increased danger to others, and must not merely be the ordinary use of land or such as is proper for the general benefit of the community.’
7 of 7

Other cards in this set

Card 2

Front

Accumulations caused by nature do not fall within the rule.

Back

Giles v Walker – accumulation

Card 3

Front

whether something is likely to cause mischief is judged by ‘common experience’. D was not liable under the rule because there had been no ‘escape’.

Back

Preview of the back of card 3

Card 4

Front

It must be shown that the D has done something which he recognised, or ought to, as giving rise to an exceptionally high risk of danger or mischief if there should be an escape’ it is a subspecies of nuisance – enjoyment of land. Piping was not natur

Back

Preview of the back of card 4

Card 5

Front

C suffered personal injuries caused by the D’s chair-o-plane at a fairground. C was entitled to damages under the rule in Rylands v Fletcher.

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Tort Law resources »