R v F

What is the definition of Rylands v Fletcher?

a tort imposing strict liability where a defendant brings something dangerous onto land which escapes and causes harm

Who can be a claimant in Rylands v Fletcher (Transco v Stockport)?

claimant must be an owner or tenant

Who can be a defendant in Rylands v Fletcher (Read v Lyons)?

an owner, tenant or anyone with control over the land where the material is brought and stored

What is the first element of Rylands v Fletcher?

defendant must bring the thing onto the land or accumulate it there deliberately

What is the rule for natural occurrences (Giles v Walker)?

the rule does not apply to things which occur naturally

What is the rule for own purposes (Dunne v North West Gas Board)?

the thing must not be accumulated for the defendant’s own purposes

What is the second element of Rylands v Fletcher?

the thing must escape from land in control of the defendant to land outside their control and occupation

Which case shows escape (Hale v Jennings)?

a chair escaped from the defendant’s ride and injured the claimant

What is the third element of Rylands v Fletcher?

the thing must be likely to do mischief if it escapes

What does “thing” include?

items such as chairs, flagpoles and electricity

What is the fourth element of Rylands v Fletcher?

the damage must be reasonably foreseeable

Which case established foreseeability (Cambridge Water v Eastern Counties Leather)?

claim failed because damage was not foreseeable

What is the fifth element of Rylands v Fletcher?

the use of land must be extraordinary and unusual in the time and place

What is non-natural use (Rickards v Lothian)?

a special use bringing increased danger to others

What did Transco v Stockport confirm?

requirement of non-natural use and foreseeability

What is meant by escape?

from a place of control to outside that control

What is accumulation?

bringing something onto land or keeping it there

What is meant by control of land?

defendant must have control over the land where the thing is kept

What does strict liability mean?

liability without needing to prove fault

What is required for damage?

actual damage must be caused by the escape