Nuisance and the Escape of Dangerous Things (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Type of liability: Rylands v Fletcher
Type of liability: Rylands v Fletcher
Strict liability
Rylands v Fletcher tort definition
Rylands v Fletcher tort definition
Escape of non-naturally stored material damages neighbouring property
Number of requirements: Rylands v Fletcher
Number of requirements: Rylands v Fletcher
Five (all must be satisfied)
Naturally occurring things & accumulation element
Naturally occurring things & accumulation element
Do not count - defendant must actively bring thing onto land
Thing must be inherently dangerous?
Thing must be inherently dangerous?
No - just likely to cause damage if it escapes
Personal injury damages in Rylands v Fletcher
Personal injury damages in Rylands v Fletcher
Not recoverable - only property damage
Escape definition: Rylands v Fletcher
Escape definition: Rylands v Fletcher
From defendant's control to where they have no control
Non-natural use of land meaning
Non-natural use of land meaning
Extraordinary and unusual (judged by contemporary standards)
Remoteness rule: Rylands v Fletcher
Remoteness rule: Rylands v Fletcher
Damage must be reasonably foreseeable
Defences: Rylands v Fletcher (name 3)
Defences: Rylands v Fletcher (name 3)
Act of stranger, Act of God, Statutory authority