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37 Cards in this Set
- Front
- Back
Which interest does this tort protect? |
An interest in land, the same as private nuisance |
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What are the key factors for a claim through Rylands v Fletcher? |
Where someone brings something dangerous to your land, which does not occur naturally, which then escapes onto neighbouring land and causes damage on that land |
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What kind of escape must there be? |
An isolated escape (a one off) |
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What kind of tort is this? |
A tort of strict liability |
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What is strict liability |
Liability without fault |
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Which case confirms Rylands v Fletcher as distinct/similar to private nuisance? |
Transco plc v Stockport Metropolitan BC (2004) |
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How is Rylands v Fletcher applied? |
It follows a very limited application and there have been no successful claims since the war |
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Define the original rule in Rylands v Fletcher |
A person who for his own purpose brings on his land and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not so, is prima facie answerable for all the damage which is the natural consequence of its escape’ |
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What was the additional requirement added to the rule and by whom? |
It was added by lord reid in 1868 and states that use of land should be non natural user, restricting the rule further |
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Which are the two key cases? |
Cambridge Water Co. v Eastern Counties Leather Plc (1994) and Transco Plc v Stockport Metropolitan BC (2003) |
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Who can be sued? |
And owner or occupier as long as they satisfy the rule |
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Who can sue? |
They must have an interest in land |
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Which case uses water as an example of something likely to do mischief? |
Rylands v Fletcher |
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Which case uses electricity as an example of something causing mischief? |
Hillier v Air Ministry (1962) |
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Which case uses rubbish as an example of something likely to do mischief? |
AG v Cory Bros & Co Ltd (1921) |
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Which case uses chemicals as an example of something which may cause mischief? |
Cambridge Water Co. v Eastern Counties Leather plc (1994) |
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Which case originally used fire as an example? |
Jones v Festiniog Railway (1866) |
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What is the case which restricts fire? |
Stannard v Gore (2012) |
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What does Stannard v Gore say? |
If the thing brought onto the land catches fire which then escapes, it is not the thing escaping. The thing that caught fire would have to escape not the fire alone. |
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The thing must have been brought onto the land, and cannot be naturally occurring |
Giles v Walker (1890) |
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The thing must go from the defendants land to the claimants land |
Read v Lyons & Co. Ltd (1947) |
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Why is time and place relevant for non natural user? |
What may have been classed as unnatural a long time ago may be regular/common/normal in modern society |
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Which case outlines how something caused damage yet did not escape |
Musgrove v Pandelis (1919) |
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How does Transco most recently define non-natural? |
Non-ordinary |
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What is the original definition of non natural user? |
Rickards v Lothian (1913) ‘some special use bringing with it some danger to others and must not merely be the ordinary use of land’ |
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Which case demonstrated that liability may be avoided if the thing brought has a benefit for society |
Rickards v Lothian (1913) |
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Which case reaffirmed that non natural is non ordinary? |
Stannard v Gore (2012) |
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Damage must be reasonably foreseeable, which case do you use? |
The Wagon Mound No1 (1961) as affirmed by Cambridge Water Co. v Eastern Counties Leather Plc |
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Has Rylands been absorbed in nuisance? |
Academics say that it hasn’t however it should be |
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Is Rylands still relevant? |
Arguably no as it has not been successful since the war |
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What is an act of god? |
Something like freak weather |
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Which case first used an act of god? |
Nichols v Marsland (1876) |
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How is act of god now limited? |
Greenock Corporation v Caledonian Railway (1917) says that it must be more extreme than just heavy rain or a storm |
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Act of a stranger |
Rickards v Lothian - third party interference |
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Statutory authority |
A statute allows this thing to be kept |
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What is Default of claimant |
Contributory negligence |
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Which remedies are available? |
Damages only. It is an isolated escape (one off) so an injunction is not necessary |