Rylands v Fletcher

Question 1

what was the case of rylands v fletcher

Answer 1

d built a resiviour on their property and it flooded c mines

Question 2

what must the c have to bring a claim

Answer 2

intrest in the land affected and a form of propriatary intrest

Question 3

what must the d have

Answer 3

must be the owner or occupire of the land satisfying the 4 elements

Question 4

give a case for d satisfies the four requirements of the Rylands v Fletcher tort

Answer 4

Read v lyons

Question 5

what are the 4 elements of r v f

Answer 5

1-bringing on to the land an accumulation or storage
2-substance is likley to case mischief if escaped
3-non-natral use of land
4-the thing stored escaped and cased forseeable damage

Question 6

what must the d do to satisfy the first element

Answer 6

actualy bring a substance on the land

Question 7

what must the substance brought onto the land be

Answer 7

not natraly occuring

Question 8

give a case for substances brought onto land that were natrualy occuring

Answer 8

rain water- Ellison v MoD
thistle seeds- giles v walker

Question 9

what must the substance do if it escapes

Answer 9

cause damage

Question 10

must the damage be forseeable or the escape

Answer 10

the damage

Question 11

what are examples of things that could case damage

Answer 11

gas
electricity
poisonous fumes
tree branches

Question 12

give a case for personal injury but explain the purpouse of it

Answer 12

Hale v Jennings
HoL stated RvF is just for loss of property

Question 13

what must there be if the damage is cased by fire

Answer 13

there must have been an accumulation of flamable things which could spread
this must be forseeable

Question 14

give a case for a known risk of fire

Answer 14

LMS international v styrene packaging and insulation

Question 15

give a case for fire where it must be the danger that escaped

Answer 15

stannard v Gore

Question 16

what else may the court consider for the second element

Answer 16

the nature of the escape
eg accidental/intentional

Question 17

give a case where the outcome wouldve changed if the nature of the escape was diffrent

Answer 17

Stannard v gore

Question 18

how is non-natral use of land defined

Answer 18

extrodnary/unusual

Question 19

give a case which dispalyes how the 3rd element is always evolving

Answer 19

musgrove v pandelis

Question 20

give a case relating to the non-natral use of land/storage of chemicals

Answer 20

cambridge water co v eastern counties leather plc

Question 21

give a case relating to not a non-natral use of land

Answer 21

rickards v lothian

Question 22

what are the 2 tests for damage

Answer 22

factual
remotness of damage

Question 23

what must there be for there to be damage + case

Answer 23

an escape
read v lyons

Question 24

what must the damage be + case

Answer 24

forseeable
cambridge water co v eastern counties leather plc

Question 25

what are the 2 things that must be forfilled for there to be damage

Answer 25

the substance must be likely to do damage if it escapes the damage must be reasonably forseeable

Question 26

what are the defences avaliable for RvF

Answer 26

act of stranger act of god statutory authority consent contributory negligence

Question 27

explain the defence act of a stranger

Answer 27

if the matrial escaped because of a strangers act whom the defendant had no controll

Question 28

explain the defence act of god

Answer 28

the escape was due to a natral event full defence

Question 29

explain the defence of statutory authority

Answer 29

permission given by local authority for the storage of the matrial but this is a partial defence as d has a responciblity to contain the matrial

Question 30

what are the remidies avaliable for RVF

Answer 30

damages to cover the cost of the damage caused possibly an injunction to prevent further damage