Torts Connected to Land (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Type of liability in Rylands v Fletcher
Type of liability in Rylands v Fletcher
Strict liability
Number of elements for R v F claim
Number of elements for R v F claim
Five (all must be satisfied)
5 elements of Rylands v Fletcher
5 elements of Rylands v Fletcher
Accumulation, mischief, escape, non-natural use, remoteness
Liability for naturally accumulating things on land
Liability for naturally accumulating things on land
No liability - must be artificially introduced (Giles v Walker)
Must the thing be inherently dangerous?
Must the thing be inherently dangerous?
No - just capable of causing damage if it escapes
Can personal injury damages be recovered under R v F?
Can personal injury damages be recovered under R v F?
No - tort against land, not person (TransCo v Stockport)
What 'escape' means in R v F
What 'escape' means in R v F
From defendant's control to beyond their control
What 'non-natural use of land' means
What 'non-natural use of land' means
Extraordinary and unusual (by modern standards)
Remoteness test in Rylands v Fletcher
Remoteness test in Rylands v Fletcher
Damage must be reasonably foreseeable
Liability for pure economic loss under R v F
Liability for pure economic loss under R v F
No liability (Weller v Foot and Mouth Disease 1966)