rylands v fletcher

Question 1

what is it a tort of

Answer 1

strict liability

Question 2

what damage is and is not compensated

Answer 2

damage to property not personal injury

Question 3

what is it

Answer 3

a person who brings onto their land and keeps there a dangerous thing in the course of a non-natural use of the land is strictly liable for any damage caused by its escape.

Question 4

burden of proof

Answer 4

C on balance of probabilities

Question 5

who is the C

Answer 5

has legal interest in land

Question 6

case for C

Answer 6

Transo v stockport

Question 7

Transo v stockport facts (c)

Answer 7

C had an interest in the land as the owner of the affected gas main

Question 8

defendant

Answer 8

person who has control over land on which dangerous thing is stored

Question 9

defendant case

Answer 9

ryland v fletcher

Question 10

ryland v fletcher facts (D)

Answer 10

water on his land escaped

Question 11

D brings onto the land

Answer 11

D brings onto the land a substance, cannot be naturally present

Question 12

case for brings onto land

Answer 12

Giles v walker

Question 13

Giles v walker facts

Answer 13

accumulation of thistles was natural

Question 14

dangerous thing

Answer 14

thing brought onto D’s land must be dangerous- likely to do damage if it escapes

Question 15

what does dangerous thing include

Answer 15

things not inherently dangerous such as water if it poses an exceptional risk

Question 16

case for dangerous thing

Answer 16

Hale v Jennings

Question 17

Hale v Jennings facts

Answer 17

chair flew of fairground ride was dangerous

Question 18

damage by fire

Answer 18

it must be the thing that fuels the fire which escapes and is dangerous

Question 19

case for damage by fire

Answer 19

Stannard v Gore

Question 20

Stannard v Gore facts

Answer 20

not liable as the tires were not exceptionally dangerous and had not escaped

Question 21

where may liability arise in damage by fire other than the thing escaping

Answer 21

if the material stored poses a known fire risk

Question 22

case for material with a known fire risk

Answer 22

LMS international v Styrene

Question 23

LMS international v Styrene facts

Answer 23

fire started in factory that contained flammable material and spread to adjoining property

Question 24

non natural use of land

Answer 24

D’s use of the land is extraordinary and unusual

Question 25

case for non natural use

Answer 25

Transco v stockport

Question 26

Transco v stockport facts (non natural)

Answer 26

supplying water to flats was ordinary use of land

Question 27

what is considered a natural use

Answer 27

storage of things associated with domestic use of land

Question 28

what case gave a definition for non natural use

Answer 28

Rickards v Lothian

Question 29

Rickards v Lothian definition for non natural use

Answer 29

some special use bringing with it increased danger to others and is not merely the ordinary use of land

Question 30

case for storage of industrial chemicals

Answer 30

Cambridge water v ECL

Question 31

Cambridge water v ECL facts

Answer 31

bulk storage of chemicals was a non natural use

Question 32

are large quantities a non natural use and case

Answer 32

yes R v F- water brought onto land to fill reservoir was non natural use

Question 33

escape

Answer 33

must be an escape from land that D controls to land they do not control

Question 34

case for escape

Answer 34

Read v Lyons

Question 35

Read v Lyons facts

Answer 35

injured by exploding shell, still on D's premises so no escape

Question 36

damage

Answer 36

escaping thing must cause reasonably foreseeable damage

Question 37

case for reasonably foreseeable damage

Answer 37

Cambridge water v ECL

Question 38

Cambridge water v ECL facts (damage)

Answer 38

failed as it was not reasonably foreseeable C's activities would contaminate D's spring. it was too remote

Question 39

5 defences to rylands

Answer 39

act of stranger act of god statutory authority consent contrib neg

Question 40

act of stranger

Answer 40

not liable if escape caused by deliberate and unforeseen act of stranger

Question 41

act of stranger case

Answer 41

Perry v Kendricks

Question 42

Perry v Kendricks facts

Answer 42

not liable for explosions caused by third party placing lit match in petrol tanks

Question 43

act of god

Answer 43

natural event so enormous it cannot be foreseen or guarded against

Question 44

act of god case

Answer 44

Nichols v marsland

Question 45

Nichols v marsland facts

Answer 45

not liable as water escaped after a violent rainstorm

Question 46

statutory authority

Answer 46

not liable if escape occurs during activities authorised by act of parl

Question 47

statutory authority case

Answer 47

green v chelsea waterworks

Question 48

green v Chelsea waterworks facts

Answer 48

not liable as D had statutory duty to maintain supply of water r

Question 49

consent

Answer 49

no liability where C consented to the thing acculmulated

Question 50

consent case

Answer 50

Peters v prince of Wales theatre

Question 51

Peters v prince of Wales theatre facts

Answer 51

not liable for flood as the sprinkler system was installed for the benefit of both

Question 52

contrib neg

Answer 52

C partially responsible so damages may be reduced according to C's extent of fault

Question 53

step 1

Answer 53

intro - define r v F -> person who brings and keeps on his land a dangerous thing in unusual circumstances is strictly liable for damages caused by its escape

Question 54

step 2

Answer 54

parties -C and D

Question 55

step 3

Answer 55

accumulation -brought onto land

Question 56

step 4

Answer 56

dangerous thing

Question 57

step 5

Answer 57

non natural use of land

Question 58

step 6

Answer 58

escape

Question 59

step 7

Answer 59

damage

Question 60

step 8

Answer 60

conclude - consider defences and success