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8 Cards in this Set
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The case of Rylands v Fletcher |
Defendants: Mill owners, engaged contractors to build a reservoir. It was built over a mine shaft, causing it to collapse and flooding plaintiff's mine. Plaintiff failed in nuisance, negligence, trespass(lacked continuity, not liable for contractor, not direct impact) Still succeeded |
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Elements of Rylands v Fletcher |
Strict liability if you can prove: Non-natural use of property Accumulation of something Escape Damage Lack of defence |
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Non-natural use |
-Must be capable of causing injury if it escapes. Escape does not have to be foreseeable, just potential for causing injury. Lord Goff in Cambridge Water Co. v Eastern Counties Leather plc -Use in ordinary domestic quantities not unusual- Miller v Addie & Sons. Once it's amassed in commercial quantities it qualifies. Rickards v Lothiam. Natural if beneficial to the community. Criticised in Cambridge. |
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Accumulation or collection onto property |
Must have been brought, not something which naturally occurs on the land- Healy v Bray However, rocks exploded by dynamite are included- Miles v Forest Rock Granite Co |
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Escape |
Must be from a place of defendant's control to a place outside their control. Read v J. Lyons Doesn't have to be an escape from land- Rigby v Chief Constable of Northamptonshire |
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Damage |
Only situation where damage is not needed is where a preventative injunction is sought. Non-occupier can recover in Ireland- Healy v Bray UDC In England, you can't recover for personal injury: Transco v Stockport MBC In Ireland, you can: Hanrahan v Merck Sharpe & Dohme |
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Defences |
Act of a Stranger: Beutler v Beutler. Defendant may still be liable in negligence: Goldman v Hargrave Act of God: Once-in-20-years rainfall doesn't constitute AOG. Need more. Dockeray v Manor Park Homebuilders Ltd. Statutory Authority Consent of the Plaintiff: Only action is in negligence. Occurs where danger gives rise to common benefit. Victor Weston Ltd v Kenny |
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Moving towards negligence or nuisance? |
Nuisance: Cambridge Water v Eastern Counties Leather Negligence:Burnie Port Authority v General Jones Pty Ltd |
