Tort Law A01

R&F, OLA 57, OLA 84, NEGLIGENCE, PRIVATE NUISANCE

Rylands & Fletcher Definition

“When someone brings an accumulation of something, that could cause mischief if it escapes, onto their land, they will be liable for any damages caused if it escapes”

Claimant (Rylands & Fletcher)

Anyone with legal interest in the land (Hunter v Canary Wharf)

Defendant (Rylands & Fletcher)

The owner or occupier with control over the land where the dangerous substance is located (Read v Lyon)

Accumulation (Rylands & Fletcher)

Anything artificial or unnatural (Giles v Walker)

Dangerous thing (Rylands & Fletcher)

Not inherently dangerous but it is likely to cause harm if it escapes (Hale v Jennings)

Non-natural use (Rylands & Fletcher)

Not the ordinary use of the substance and land and therefore brings increased damage (Cambridge Water v Eastern Leather)

Escape (Rylands & Fletcher)

Substance must escape onto the claimant’s land (Read v Lyons)

Reasonably foreseeable (Rylands & Fletcher)

(Cambridge Water v Eastern Leather)

Defences (Rylands & Fletcher) (5)

Fault of the claimant

Common benefit

Act of a stranger

Act of God

Statutory authority

Remedies (Rylands & Fletcher) (1)

Cost of repair

Occupier’s Liability 1957 Definition

“Occupier owes a duty of care to lawful visitors”

Occupier (OLA 57)

Anyone with a sufficient degree of control of the premises (Wheat v Lacon)

Premises (OLA 57)

S1(3)(a) any fixed or moveable structure, including vessels or ladders (Wheeler v Copas)

Lawful Visitor (OLA 57) (5)

Express permission

Implied permission

Licensee

Contractual duty

Statutory right of entree

Common duty of care (OLA 57)

Occupier must make the premises:

Reasonably safe - Laverton v Kiapasha Takeaway

Purpose of the visit - Calgarth Case