RVF

Question 1

Rylands V Fletcher is a

Answer 1

strict liability tort. meaning C will not have to prove that D is at fault. They will only need to prove that D is liable.

Question 2

The claimant and the defendant must have

Answer 2

legal interest in the land. Where they are the owner or renter in the land.

Question 3

How many steps?

Answer 3

4

Question 4

1. D must

Answer 4

bring it onto his land. D stores it on his land.

Question 5

2. It is

Answer 5

an unnatural use of land.

Question 6

Transco

Answer 6

Council water pipe leaked, exposing gas pipe. Claim failed as supply of water is considered to be natural.

Question 7

3. The stored

Answer 7

item escapes. It leaves Ds land and goes to another place. Usually Cs land

Question 8

Wyverne Tyres

Answer 8

Tyres caught fire. The fire escaped, but the tyres that were being stored did not.

Question 9

4. Causing

Answer 9

reasonably foreseeable damage to cs land. Only the damage needs to be foreseeable, not the escape.

Question 10

Cambridge Water

Answer 10

D stored chemicals on his land that escapes. ‘mori bound tort’.

Question 11

How many defences to

Answer 11

5

Question 12

Volenti

Answer 12

Defences of consent. Where consent is given from C to D to store the item

Question 13

Act of a stranger

Answer 13

When someone else causes the escape.

Question 14

Act of god

Answer 14

Where the escape is caused by unforeseen extreme weather conditions.

Question 15

Statutory authority

Answer 15

Where an act of parliament or the local authority gives you permission to store the item.

Question 16

Contributory negligence.

Answer 16

Where C is partly responsible for the escape of the stored item.

Question 17

Damages/remedy

Answer 17

Damages will be awarded to c as a remedy. C cannot claim for personal injury, only damage to land.

Question 18

State The Law

Answer 18

A strict Liability Tort. Meaning that D does not have to be found guilty. C just needs to prove that D is liable.
Described as a ‘moribund’ tort
The claimant must have legal interest in the land. Where C is either the claimant or the tenant.
The defendant must also have legal interest in the land.
D must meet all 4 criteria for the tort.
1. D brings it onto his land. D stores it on his land.
2. It is an ‘unnatural’ use of land. Meaning extraordinary or unusual use of land. If whatever escapes is already naturally present on the land, D will not be liable. Transco
3. The stored item escapes. It leaves Ds land and usually goes onto cs.
4. Causing reasonably foreseeable damage to Cs land. Only the damage needs to be foreseeable, not the escape.
Defences
- Volenti, Act of a stranger, Act of God, Statutory Authority, Contributory negligence
Damages will be awarded to c as a remedy. C cannot claim for personal injury. Only damage to land.