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Learner resource 6: Rylands v Fletcher – case

table
Case Facts Held
Rylands v Fletcher (1868) A mill owner stored water in a The defendant was liable. This
large reservoir. The water leaked case created a new area of tort
into mineshafts below that had which the law is named after.
not been blocked off. The water
flooded into a neighbour’s mine
causing damage.

Leakey v The National Trust A mound of loose earth slipped The defendants were liable as
(1980) and caused damage in they were aware that the
neighbouring land. mound of earth was at risk of
slipping and did nothing to
prevent it.

Rickards v Lothian (1913) A trespasser turned on taps and The defendant was not liable as
blocked up plugholes causing a a domestic water supply is
flood into the claimant’s flat. considered a natural use of
land.

British Celanese v A H Hunt Strips of metal foil stored in the There was no liability as the
Ltd (1969) defendant’s factory blew onto the court held that storage of metal
claimant’s land and caused a foil was a natural use of land
power failure when they touched and that the factory benefitted
an electricity sub-station. the public.

Cambridge Water Co. v Storage of chemicals used in the This was considered a non-
Eastern Counties leather tanning process of leather leaked natural use of land although the
PLC (1994) out and entered the waterways. claim failed as the damage was
not foreseeable.

Read v Lyons (1947) An explosion in a munitions Rylands did not apply in this
factory injured an inspector and case as there was no escape
some employees. onto other land.

Rigby v Chief Constable of The police negligently released The police were held
Northamptonshire (1985) CS gas on a highway. responsible even though they
were not the occupiers of the
land, they had control over the
highway.

Version 1 1 © OCR 2017


Law of Torts

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