NEGLIGENCE- rylands v fletcher

Question 1

intro def for rylands v fletcher?

Answer 1

a person who brings on his lands …anything likely to do mischief of it escapes . will be answerable for all the damage which is the natural consequence. - blackburn j

Question 2

what does creating a tort like this show?

Answer 2

judiciary are creative
allowed c to sue for damages that d did on his land
balancing conflicted interests

Question 3

what can you break the quote down into?

Answer 3

3 parts

Question 4

whats 1st part?

Answer 4

d brought something onto his land e.g swimming,something new to land

Question 5

example for d brought something onto his land?

Answer 5

rocks and soil occur naturally on land so no liability if they escape

Question 6

case for d brought something onto his land?

Answer 6

pontardawe rdc v moore -gwyn

Question 7

what did d in ryland do?

Answer 7

brought water onto the land. no limit as to what can be brought on.

Question 8

whats the 2nd element?

Answer 8

that d made a non natural use of his land

Question 9

what does that d made a non natural use of his land mean?

Answer 9

i.e beyond ordinary use or degree of abnormality

Question 10

case for that d made a non natural use of his land?

Answer 10

mason v levy auto parts- old tyres stored fire spread to neighbouring property = liable as non natural use of land

Question 11

what happens if on own land?

Answer 11

selfish but ok but if on someone else = liable

Question 12

what should u see that d made a non natural use of his land as?

Answer 12

reasonableness test -if thing brought to land reasonable and useful to have then it will not be non natural use (transco plc v stockport)

Question 13

what is the 3rd element ?

Answer 13

the thing was something likely to do mischief if it escapes

Question 14

what should you see 3rd element as?

Answer 14

foreseeability test- the thing brought must be foreseeable source of ahrm and therefore not harmless so it must have some sort of hazard/danger attached to it- reasonable test

Question 15

case for the thing was something likely to do mischief if it escapes ?

Answer 15

shiffman v st john of jersulam hospital= liable

Question 16

what is the 4th element?

Answer 16

there must be an actual escape of dangerous substance from d’s land

Question 17

case for an actual escape?

Answer 17

read v lyons
crowhurst v amersham burial board-yes
ponting v noakes-no

Question 18

what is generally not liable in rylands?

Answer 18

p.i only 1 leading case- hale v jennings

Question 19

what is general damage in rylands?

Answer 19

damage to land, property , p.i and economic loss not available

Question 20

defences for rylands?

Answer 20

consent
common benefit
act of stranger
stat auth
act of god
fault of c

Question 21

1 what is meant by consent?

Answer 21

if c consented to source of danger they are consented to risk of it. especially if see potential hazard

Question 22

2 what is meant by common benefit?

Answer 22

if source of danger maintained for benefit of both c and d ,the d will not be liable for its escape. the defence is either related to the defence of consent or same thing

Question 23

3 what is meant by act of stranger?

Answer 23

the d will not be liable if stranger responsible for escape- rickards v lothian

Question 24

4 what is meant by stat auth?

Answer 24

e.g resorvior bought by council -

Question 25

5 what is meant by act of god?

Answer 25

causation - nichols v marsland

Question 26

6 what is meant by fault of c?

Answer 26

alternatively could contribute

Question 27

which are causation principles?

Answer 27

3,5,6

Question 28

what does rylands v fletcher have to also be

Answer 28

degree of blameworthiness (transco v stockport mbc)

Question 29

what is the only reason why rylands v fletch not strict lia?

Answer 29

forseeability