R V F

Question 1

what happened in the case of Rylands V Fletcher

Answer 1

a mill owner was making a reservoir on his land. during this they discovered a mine on the neighbouring land they didn’t block it of so water flooded it and damaged his land.

Question 2

what did Blackburn J say in relation to this tort

Answer 2

” a person who for there own purposes bring and keeps on his land anything likey to do mischief, if it escapes must do so ayt there peril as he is answerable for all the damage.

Question 3

what establishes whether a case is one of r v f

Answer 3

the rule

Question 4

what are the 4 main parts of the rule

Answer 4

something must have been collected and kept on the land, the use of the land must be non- natural, the thing brought onto the land must be likely to do mischief if it escaped and lastly the thing must have escaped and caused damage.

Question 5

2 adantages of r v f + cases

Answer 5

• can lead to improvementes i health and safety - transco v borough council natural gas escaped pipe, pipes were improved as a result
• changed on a case by case basis so could be considered more up to date - hale v jennings , caused fire using blow torch tis case made the tort base its result on the facts of the case

Question 6

2 disadvantages to R V F +cases

Answer 6

• changed to much eg wordng forseability defences rickards v lothein blocking taps was natural use of land
• mixture of different torts no need for it - miles v forest granite