Rylands V Fletcher

Question 1

Definition of Ryland V Fletcher

Answer 1

A strict liability tort where the defendant will be liable for the escape of a thing that they have accumulated onto their land and it is caused property damage

Question 2

Who is the claimant?

Answer 2

Anyone with proprietary interest (Canary wharf)

Question 3

Who is the defendant?

Answer 3

The occupier who has control of the property from which the thing escapes (read v Lyons)

Question 4

Bringing the thing onto the land

Answer 4

The thing must’ve been brought onto the land by the defendant and is not naturally occurring (Giles v walker)

Question 5

Likely to cause mischief

Answer 5

The thing must be likely to cause mischief if it escapes (hales v Jenning bros)

Question 6

What does non-natural mean?

Answer 6

Extraordinary or unusual use of land (transco) looks at locality,storage and quantity

Question 7

What is the rule with damage caused by fire?

Answer 7

1. The thing has to escape
2. It must be an extraordinary use of land.
3. Fire Must be deliberately or negligently started by the occupier.
4. If the fire is ordinary use of land, the case will be unsuccessful.

Question 8

Foreseeability?

Answer 8

The thing escaping must be reasonably foreseeable, the thing must escape from one property to another (wagon mound)

Question 9

Defences

Answer 9

Act of God, act of stranger, Volenti,statutory authority, contributory negligence