Rylands v Fletcher

Question 1

strict liability tort

Answer 1

. the C does not need to prove that the D was at fault

Question 2

Rylands v Fletcher case

Answer 2

. Rylands’ (D) contractors negligently failed to block off disused mineshafts (D unaware)> Fletcher’s (C) mines flooded

Question 3

Rylands v Fletcher- drawn from the case

Answer 3

. where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape

Question 4

key elements of Ryland v Fletcher

Answer 4

. a thing is brought onto land + there is an accumulation (storage) of it (ie. water)
. the thing brought onto the land must be likely to do mischief/damage if it escapes
. the storage amounts to a non-natural use of the land (storage of water was non-natural)
. the thing that brought onto land escapes + causes foreseeable damage water escapes + flooded the mines)