Summary
Summary Rylands v Fletcher
- Course
- Institution
Includes: - Rylands v Fletcher
[Show more]
Seller
Follow
finn8
Content preview
Rylands v Fletcher- Strict Liability Offence – no fault attributed to defendant,
- Must be an interest in the land – Hunter v Canary Wharf,
- Lord Cranworth in Rylands v Fletcher:
“If a person brings, or accumulates, on his land anything which, if it
should escape, may cause damage to his neighbour, he does so at his
peril. If it does escape, and cause damage, he is responsible, however
careful he may have been, and whatever precautions he may have taken
to prevent the damage.”
Requirements
Defences:-
1. Act of a Stranger/Third Party (Perry v
Kendricks Transport Ltd)
2. Act of God (Carstairs v Taylor)
1. Accumulation 3. Escape 4. Non-Natural use of land
2. Thing likely to do
3. Statutory Authority (Green v Chelsea
- D must bring a hazardous mischief if it escapes - Must be an escape (Read v - Lord Bingham in Transco v
Waterworks Co.)
thing onto land (Ellison v Lyons) Stockport MBC stated that the
- Need not be inherently use of land must be
MOD), 4. Consent/Benefit (Peters v Prince of
dangerous. (Shiffman v “extraordinary and unusual”. Wales Theatre)
- Accumulated for D’s purpose The Grand Priory of St
(Dunne v North West Gas John) - This is subjective to the
Board), location.
- Thing that escapes need not
be thing accumulated (Miles v
Forest Rock Granite).
5. Remoteness of damage
Damage must not be too remote. (Cambridge Waters v
Eastern Counties Leather)
Not claimable for PEL (Weller v Foot and Mouth Disease)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller finn8. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.22. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now