Unit 4b Prt 9: Rylands V Fletcher

Question 1

Escape

Answer 1

The substance must have escaped off of land that the D owned to land the C owned (read v lyons)

Question 2

Non natural use

Answer 2

Rickards v lothian

Question 3

Remoteness of damage

Answer 3

The liability is subject to the rules from remoteness of damage (wagon mound)

Question 4

Accumulation

Answer 4

The defendant must have voluntarily brought the substance onto the land ( giles v walker)

Question 5

Likely to do mischief

Answer 5

The substance must have been likely to cause the damage if it escaped (hale v jennings)

Question 6

Defences are the same as private nuisance

Answer 6

Boom