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A-Level OCR Law
Paper 2: Law Making and Tort Law
Rylands v Fletcher
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Cards (13)
The claimant must have an
interest
in the land -
Trasnco
The defendant need to either be the
owner
of the land or the person
accumulating
the
thing
on the land -
Read v Lyons
1. The
thing
was brought and
accumulated
on the defendant's
land
, it cannot
naturally
be accumulated -
Giles v Walker
2. The thing will likely cause
mischief
if it
escapes
-
Hale v Jennings Bros
3. A
non-natural
use of the land (not
naturally
supposed to be there, out of the
ordinary
) -
Transco v Stockport
4. The thing must
escape
and cause
foreseeable
damage -
Ponting v Noakes
,
Stannard v Gore
Cannot claim for
personal injury
-
Cambridge Water Co
Consent
/Volenti (Defence) - C has consented to the accumulation
Contributory Negligence
(Defence) - refer to the Act
Act of
God
(Defence) - must be
extreme
and
unforeseeable
weather, like a
natural disaster
-
Greenock
(heavy rainfall will not be enough)
Act of a
stranger
(Defence) - a
stranger
who D has no
control
over causes the
escape
(a
third
party) -
Perry v Kendricks
Statutory Authority
(Defence) - if an
Act
authorises
D's actions
Common benefit
(Defence) - if the danger was maintained for the
benefit
of both the
claimant
and the
defendant
-
Dunne v NW Gas Board