Rylands v Fletcher

Question 1

What is the rule in Rylands v Fletcher

Answer 1

D is liable if, on his land, they accumulate a dangerous thing in the course of a non-natural use of that land, and the thing escapes and causes reasonably foreseeable damage.

Question 2

What are the 6 elements in Rylands v Fletcher

Answer 2

Claimants legal position, accumulation, dangerous thing, non natural use, escape and reasonable foreseeable damage

Question 3

What is meant by Cs legal position in Rylands v Fletcher

Answer 3

C requires a legal interest in the land effected by the escape, this can either be through owning it, having some control or having money invested

Question 4

What case would you use for Cs legal position in Rylands v Fletcher

Answer 4

Transco

Question 5

What is meant by accumulation in Rylands v Fletcher

Answer 5

D must voluntarily bring bring onto his land an accumulation of the subject that escaped

Question 6

What must the accumulation be in Rylands v Fletcher

Answer 6

An artificial accumulation that must be on the land controlled by D

Question 7

What case would you use for accumulation in Rylands v Fletcher

Answer 7

Giles v Walker

Question 8

What is meant by dangerous thing in Rylands v Fletcher

Answer 8

The substance accumulated must be dangerous and likely to do mischief if it escapes which the damage created would be reasonably foreseeable

Question 9

What kind of materials can satisfy dangerous thing in Rylands v Fletcher

Answer 9

Hazardous materials and non hazardous materials if stored in bulk

Question 10

What case would you use for dangerous thing in Rylands v Fletcher

Answer 10

Hale v Jennings bros

Question 11

What is meant by non natural use in Rylands v Fletcher

Answer 11

An extraordinary use of land hat is not ordinary , this does not mean man made or artificial

Question 12

What case would you use for non natural use

Answer 12

Rickards v Lothian

Question 13

What is meant by escape in Rylands v Fletcher

Answer 13

C must show that the substance escaped and moved on to a land that the D does not control

Question 14

What case would you use for escape in Rylands v Fletcher

Answer 14

Read v Lyons & Co

Question 15

What is meant by reasonably foreseeable damage

Answer 15

Only damage that is reasonable foreseeable can be recovered

Question 16

What case would you use for reasonably foreseeable damage in Rylands v Fletcher

Answer 16

Cambridge water v eastern counties leather

Question 17

What are the 5 defences that can be used in Rylands v Fletcher

Answer 17

Act of god, act of stranger, statutory authority, common benefit and Cs own fault

Question 18

What is meant by act of god as a defence in Rylands v Fletcher

Answer 18

A natural event so enormous that it cannot be either foreseen or guarded against, D is not liable for an escape caused by an act of god as there is nothing they could have done to stop it

Question 19

What case would you use for act of God as a defence in Rylands v Fletcher

Answer 19

Nichols v Marsland

Question 20

What is meant by act of stranger as a defence in Rylands v Fletcher

Answer 20

D is not liable if the escape is caused by the deliberate and unforeseen act of a stranger, someone D has no control of

Question 21

What case would you use for act of stranger as a defence in Rylands v Fletcher

Answer 21

Rickards v Lothian

Question 22

What is meant by statutory authority as a defence in Rylands v Fletcher

Answer 22

D is not liable if the escape occurs during activities authorised by an act of parliament, provided D is not negligent

Question 23

What case is used for statutory authority as a defence in Rylands v Fletcher

Answer 23

Green v Chelsea waterworks company

Question 24

What is meant by common benefit as a defence in Rylands v Fletcher

Answer 24

If escape relates to something being maintained for common benefit of C and D , the D is not liable

Question 25

What case would you use for common benefit as a defence in Rylands v Fletcher

Answer 25

Peters v prince of wales theatre

Question 26

What is meant by Cs own fault as a defence in Rylands v Fletcher

Answer 26

The escape is due to an action partaken by the C

Question 27

What case would you use for Cs own fault as a defence in Rylands v Fletcher

Answer 27

Dunn v Birmingham Canal co

Question 28

When will Cs damages be reduced

Answer 28

The escape was partly their fault, or the damage is made worse due to the highly sensitive nature of his own property

Question 29

What are the 2 ways the Cs own fault could be used as a defence in Rylands v Fletcher

Answer 29

Consent and contributory negligence

Question 30

What is consent under Cs own fault as a defence in Rylands v Fletcher

Answer 30

There will be no liability where the C has consented to the thing being accumulated by D

Question 31

What case would you use for consent under Rylands v Fletcher

Answer 31

Peters v prince of wales theatre

Question 32

What is under contributory negligence Cs own fault as a defence in Rylands v Fletcher

Answer 32

Where the C is partly responsible for the escape of the thing, the damage is reduced according to the Cs level of blame

Question 33

What are the 2 ways you can be remedied in Rylands v Fletcher

Answer 33

Injunctions and damages

Question 34

What are injunction under Rylands v Fletcher

Answer 34

Order prohibiting or strictly controlling an activity however it will not be granted where there is public interest for the activity to continue

Question 35

What case would you use for injunctions for Rylands v Fletcher

Answer 35

Miller v Jackson

Question 36

What are the two type of damages under Rylands v Fletcher

Answer 36

Physical damage and loss of use

Question 37

What is meant by loss of use under damages in Rylands v Fletcher

Answer 37

Damages are equal to the loss of value to the land

Question 38

What case would you use for loss of use under damages for Rylands v Fletchers

Answer 38

Hunter v Canary wharf

Question 39

What is meant by physical damages under damages in Rylands v Fletcher

Answer 39

Damages are awarded for consequential damage to land, plants, buildings and goods