Rylands v Fletcher rule

Created by: Alevelstudenthelp
Created on: 29-01-22 16:13

What does the claimant need to prove to claim in the Ryland v Fletcher?

D using land for a non-natural and extraordinary use.
The ‘thing’ escapes and causes a mischief.
Damage is reasonably foreseeable to adjoining property.

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What is a non-natural use of the land?

Case law suggests a 'non-natural' refers to some extraordinary or some unusual use of land.

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What happened in Rickards v Lothian 1913 and what case confirmed it?

An unknown person turned on water taps and blocked plugholes causing damage to the flat below.
British Celanese v A H Hunt 1969

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What are the defences of the Rylands v Fletcher?

Act of stranger (Perry v Kendricks transports ltd 1956)
Act of God (Nichols Marsland 1876)
Statutory duty
Volenti non fit injuria
Contributory negligence

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What did Justice Blackburn say about the tort of Ryland v Fletcher?

“The person who, for his own purposes brings on his land a collect and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural cons

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What case shows that the tort was not reasonably foreseeable?

Cambridge Water Co v Eastern Counties Leather 1994

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What case explained that damages caused by fire are allowed?

LMS International Ltd v Styrene Packaging and Insulation 2005
Claim allowed as the storing of flammable material is reasonably foreseeable to cause ham.

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What case showed that the tort claim was not allowed on appeal?

Stannard (t/a Wybern tyres) v Gore 2012

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What does the non-natural use of land include?

1. A fire in the grate which spread to the claimant’s premises
2. Defective electric wiring that caused a fire which spread to the claimant’s premises
3. Domestic water supply

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What are the advancements for the Rylands v Fletcher?

Pearson Commission Report 1978 replaced with statutory scheme for injuries.

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Other cards in this set

Card 2

Front

What is a non-natural use of the land?

Back

Case law suggests a 'non-natural' refers to some extraordinary or some unusual use of land.

Card 3

Front

What happened in Rickards v Lothian 1913 and what case confirmed it?

Back

Card 4

Front

What are the defences of the Rylands v Fletcher?

Back

Card 5

Front

What did Justice Blackburn say about the tort of Ryland v Fletcher?

Back

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Rylands v Fletcher rule