rylands v fletcher

Cards (22)

  • rvf is a strict liability tort where a persons property is damged by the escape of a non-naturally stored material onto adjoining property
  • c must have interest in the land - transco
  • d must be owner - read v lyons
  • must show that - material was brought onto the land - the thing was likely to cause mischeif - it was a non natural use of land - there was forseeable damage
  • not a natural accumulation like weeds - giles v walker
  • not rainwater - ellison v mod
  • likely to cause mischeif if escapes - transco
  • escape doesn't have to be forseeable - hale v jennings bros
  • thing its self doesn't need to be dangerous - shiffman
  • accumulates thing must cause damage - stannard v gore
  • liability for fire only arrises if negligently started - lms international
  • non natural means not common place - rickards v lothian
  • must be unusual considering time and place - transco
  • if reasonable it is not non natural - stannard v gore
  • things stored in large parts can amount to non natural use - mason levy autoparts
  • stored item must escape from one property onto another - read v lyons
  • damage can be too remote - cambridge water
  • act of a stranger - perry v kendricks
  • act of god - nichols v marsland
  • contributory neg - ponting v noakes
  • for remedies c must show damage to the property
  • remedies will be given as cost of repair