Land (Rylands v Fletcher)

Question 1

rylands v fletcher

Answer 1

D hired builders to get a river build. flooded into amine and so C sued D for damages

Question 2

storage

Answer 2

the thing must be brought and accumulated on D lands, must be naturally occurring

Question 3

giles v walker

Answer 3

thistles from d’s garden infected C’s farm, was natural so D wasn’t liable

Question 4

mischief

Answer 4

the thing must be likely to cause mischief if it escapes. doesn’t have to be dangerous but just cause damage.
chemicals, oils and branches

Question 5

hale

Answer 5

seat from ride broke and injured some one off land

Question 6

reasonably foreseeable

Answer 6

the thing must escape and cause reasonable foreseeable damage, the stored item must escape from one property onto an adjoining property

Question 7

read v j lyons

Answer 7

explosive in factory causes death and injuries, not liable as on land

Question 8

non-natural use

Answer 8

there needs to be a non-natural use of land, it must be an unusual/extraordinary use of land

Question 9

damges

Answer 9

1. act of god
2. acts of strangers/third party
3. consent
4. statutory authority
5. contributory negligence

Question 10

act of god

Answer 10

extreme weather conditions that “No human foresight can provide against”

Question 11

act of stranger

Answer 11

a defence can be available and the defendant will not be liable

Question 12

consent

Answer 12

a person who consents to the accumulation cannot later complain when the thing escapes and damages the land

Question 13

statutory authority

Answer 13

if the terms of an act of parliament authorise the defendant actions,this may amount t a defence

Question 14

contributory negligence

Answer 14

this will reduce damages if c is partly to blame under the law reform