Rylands v Fletcher

Question 1

Define

Answer 1

The escape of a dangerous thing in the course of a
non-natural use of land, for which the occupier will be liable for the damage caused to another as the result of that escape.

Question 2

(1/5) accumulation

Answer 2

Occurs when D for his own purpose brings something onto land and collects and keeps it there.

(Giles v Walker) - no liability for weeds escaping since they were not brought onto the land.

Question 3

(2/5) escape

Answer 3

(Read v Lyons)
Must be an escape from D’s land.

Question 4

(3/5) cause damage

Answer 4

What escapes need not be inherently hazardous, just a thing likely to cause damage if it escapes.

Question 5

(4/5) non-natural use of land

Answer 5

(Rickards v Lothian)
Some kind of special or abnormal use e.g. quantity, place and normal practice.

Question 6

(5/5) remoteness

Answer 6

(Cambridge Water v Eastern Counties Leather)
Damage must not be too remote.

Question 7

Specific Defence (1/2) act of God

Answer 7

(Nicols v Marsland)
Heavy rain caused artificial lakes to flood.

Question 8

Specific Defence (2/2) act of third party

Answer 8

(Rickards v Lothian)
Unknown person blocked sinks and turned tap on