Rylands vs. Fletcher
Rylands v Fletcher
Ratio: Where a person brings on his land and collects and keeps there, for non-natural use, anything likely to do mischief if it escapes, he is liable for all the damages which is the natural consequence of its escape, even if he has taken due care to prevent it..
Limb 1. A person brings onto his land, collects and keeps there
Limb 2. Something that is likely to do mischief
gas, explosive substances, electricity, oil, fumes, rusty wire, poisonous vegetation, vibrations, flag pole and even dwellers in caravans… --> LORD PORTER
dangerous structures --> Lord Simonds
Limb 3. Something that is likely to do mischief if it esacpes
Escape means from one place where the def. has occupation or control.. to another place which is outside his occupation or control.. --> Simons (Read v Lyons)
Limb 4. Non-Natural use (beyond ordinary)
Special use bringing with it increased danger to others and must not be ordinary use of the for the general benefit of the community
Domestic supply of water and gas is natural use; it is in modern times, a reasonable and necessary feature of town life
-All the circumstances of time and place of use must be taken into account in deciding if its dangerous or non natural - LORD PORTER
Some circumstances make otherwise exceptional use ordinary
-->manufacturing weapons during wartime is ordinary
(DAMAGE) The judges are doubtful as to whether personal injury is covered by RvF as damage to property is covered, but do not conclusively decide the point
Limb 5. Reasonable foreseeability
Defences:
1.Act of God/vis major
"uncontrollable force", "unexpected"
Nichols v Mansland :::: ornamental pools "rainfall must be sudden and unprecedented, giving rise to a flood that could not have been anticipated.
2. Plaintiffs Fault
3. 3rd Party
A person using their land in a reasonable manner is not liable for damage done by the wrong act of 3rd parties
Does not have to be
Ratio: Where a person brings on his land and collects and keeps there, for non-natural use, anything likely to do mischief if it escapes, he is liable for all the damages which is the natural consequence of its escape, even if he has taken due care to prevent it..
Limb 1. A person brings onto his land, collects and keeps there
Limb 2. Something that is likely to do mischief
gas, explosive substances, electricity, oil, fumes, rusty wire, poisonous vegetation, vibrations, flag pole and even dwellers in caravans… --> LORD PORTER
dangerous structures --> Lord Simonds
Limb 3. Something that is likely to do mischief if it esacpes
Escape means from one place where the def. has occupation or control.. to another place which is outside his occupation or control.. --> Simons (Read v Lyons)
Limb 4. Non-Natural use (beyond ordinary)
Special use bringing with it increased danger to others and must not be ordinary use of the for the general benefit of the community
Domestic supply of water and gas is natural use; it is in modern times, a reasonable and necessary feature of town life
-All the circumstances of time and place of use must be taken into account in deciding if its dangerous or non natural - LORD PORTER
Some circumstances make otherwise exceptional use ordinary
-->manufacturing weapons during wartime is ordinary
(DAMAGE) The judges are doubtful as to whether personal injury is covered by RvF as damage to property is covered, but do not conclusively decide the point
Limb 5. Reasonable foreseeability
Defences:
1.Act of God/vis major
"uncontrollable force", "unexpected"
Nichols v Mansland :::: ornamental pools "rainfall must be sudden and unprecedented, giving rise to a flood that could not have been anticipated.
2. Plaintiffs Fault
3. 3rd Party
A person using their land in a reasonable manner is not liable for damage done by the wrong act of 3rd parties
Does not have to be