Rylands And Fletcher

Question 1

Definition

Answer 1

Where d brings something onto their land and stores it there. Then it escapes and causes damage to c land.

Question 2

Stage one

Answer 2

Non natural use of the land. Transco defined non natural as something extraordinary and unusual or bringing an increased danger to others. This may be due to the size or the volume.

Question 3

Stage two

Answer 3

An escape of the thing brought onto the land. Must be from a place d has occupational control over to somewhere they don’t (read v Lyon’s)

Question 4

Stage three

Answer 4

Damage caused by the escape. D will be liable for all damage which is a natural consequence of its escape (Rylands, Blackburn J)

Question 5

Stage four

Answer 5

The damage must be foreseeable and not too remote (Cambridge water). If they cannot predict it how can they prevent it

Question 6

Defences

Answer 6

Act of god
Consent
Acts of theirs parties
Statutory authority

Question 7

Remedies

Answer 7

Compensatory damages