Rylands v Fletcher (tort law)

Question 1

what is the main purpose of Ryland’s v fletcher

Answer 1

it imposes liability for an escape of something from your land that causes damage

Question 2

What is the quote for Rylands v Fletcher

Answer 2

it is “ a person who brings on his land and collects and keeps there anything likely to do mischief if it escapes, is liable. for all the damage which is the natural consequence of its escape”

Question 3

what are the 6 elements that need to be proven

Answer 3

1. if they have control 2. Accumulation 3.mischief/damage 4. escape 5.non natural use 6. Damage

Question 4

What does the element of control mean

Answer 4

Must have an interest in the land meaning they must own or rent it.

Question 5

what is the case of smith v Scott for control

Answer 5

Where the local authorities let a house to a homeless family under conditions that they would cause no damage. but they caused it anyway, the neighbour tired to sue but failed as control was within the tenents

Question 6

what is the case of Weller & co v foot and mouth disease research institute in control

Answer 6

a virus escaped and cattle farms were put on lockdown to avoid spread and cattle auctioneer tried to sue for loss of income due to no sales. R V F failed as they had no interest in the land where the virus spread too

Question 7

What is the case of Rigby v Chief Constable of Northampton in control

Answer 7

police attempted to catch a psychopath and released CS gas into a shop from there van. The shop was set on fire and R V F applied because it was one property on top of another

Question 8

what does it mean that it has to be an accumulation

Answer 8

something simply has to be stored

Question 9

what is the case of Mason v Levy Auto parts for accumulation

Answer 9

Large quantities of paints and petrol stored and created a large fire, they were held liable as it was an accumulation

Question 10

what does it mean for it to “ likely cause mischief / danger”

Answer 10

it can cause danger or is dangerous and cause mischief

Question 11

what is the case for Hillier v Air ministry for mischief

Answer 11

Where electricity escaped from high voltage cables liad under the claimants land and electrocuted his cows

Question 12

what is the case of Hale v Jenning bro for mischief

Answer 12

a chair-o-plane in a fairground flew off and damaged adjoining land

Question 13

what does it mean for there to be an escape

Answer 13

the thing that the owner has brought on the land has escaped into another property

Question 14

what is the case of Stanard v gore for escape

Answer 14

defendant had a stack of tyres , they caught on fire and got damaged , as it was only the fire that escaped not the property they were not liable

Question 15

what does it mean by non natural use

Answer 15

The amount of something can be considered un natural use

Question 16

What is the case of Cambridge Water v Eastern Counties

Answer 16

A leather factory had chemicals leaking through the floor causing pollution for a water company. Storage of chemicals on site was “ a classic case of non natural use”

Question 17

What is the case of transco v Stockpot for non natural use

Answer 17

stated that the ‘ ordinary user test’ is a preferable test to a natural user

Question 18

what is the case of Richards v Lothian

Answer 18

taps turned on and plug holes blocked by an unknown person and damaged flats below - defendant not liable as water in domestic pipes was a natural use

Question 19

what is public benefit

Answer 19

it can be considered in non natural use as the place or land may be used for the benefit of the public such as a recycling plant. British celeanse v hunt

Question 20

Another famous case for non natural use is Giles v walker what is it

Answer 20

D ploughed up land and allowed thistles to grow , seeds blew into neighbours land causing problems, thistles had grown naturally so not liable

Question 21

What is damage

Answer 21

Transco confirmed that R V F will not include personal injury

Question 22

Cambridge waters v eastern counties leather ( damage)

Answer 22

Defendant must have known or ought to have reasonably foreseen that damage of the relevant type

Question 23

what is act of god as a defence

Answer 23

act of god is an extreme weather event

Question 24

case of Nichols v marshland

Answer 24

severe weather storm in history, brome artifical rivers and lakes and broke four of the claimants bridges , not liable as had no control over it

Question 25

act of stranger

Answer 25

person that the defendant has no control over and has caused the escape

Question 26

perry v kendricks transport

Answer 26

stranger removed fuel cap of defendants bus and child thre a flame into it , no liability as it was a stranger.