Rylands V Fletcher

Question 1

What is rylands v fletcher defined as

Answer 1

When d has accumulated something dangerous on his land, which escapes and causes damage on the neighbouring land

Question 2

Elements of the Tort

Answer 2

1. C must be able to sue D
2. D must bring or accumulate something on their land
3. The thing must escape
4. There must be an exceptionally high risk of danger if that thing where to escape
5. The thing must cause reasonably foreseeable damage
6. Ds use of land must not be natural

Question 3

What 2 cases shows who can sue who

Answer 3

Read v Lyon’s- anyone who has control can be sued
Transco v Stockport - c needs to have proprietary control in order to be able to sue

Question 4

Ellison v ministry of defence

Answer 4

Where the thing causing damage naturally accumulates on the land cannot be said that d has brought it to his land

Question 5

Read v Lyon’s (2)

Answer 5

If the claimant had control it means it did not escape

Question 6

Stannard v gore

Answer 6

Where fire escapes and causes damage, d must have brought that fire onto his land, not just objects that worsen the fire

Question 7

Transco v Stockport Mbc (2)

Answer 7

This means that one could foresee a very high risk of damage if the thing escapes

Question 8

Cambridge water co v eastern counties leather

Answer 8

The type of damage caused must be reasonably foreseeable

Question 9

Transco v Stockport mbc (3)

Answer 9

A non natural use is an extraordinary and unusual use of the land

Question 10

The 2 defences use for rylands v fletcher

Answer 10

Act of a stranger- rickards v Lothian
Act of god - Nichols v marsland