Ryland & Fletchers TORT

Question 1

What did it start as

Answer 1

Strict liability so whether they could have taken precaution to prevent the damage

Question 2

how did it start

Answer 2

Ds, mill owners in the coal mining area of Lancashire, have constructed a reservoir on their land. water broke through the filled-in shaft of an abandoned coal mine and flooded connecting passageways into the plaintiff’s active mine nearby

Question 3

what laws were they free of

Answer 3

negligence, trespass and nuisance as they didn’t exist

Question 4

definition of Ryland and Fletchers

Answer 4

if a defendant brings into their land something which is likely to cause damages if it escapes, they are liable for damages if it does escape

Question 5

what does Ryland and fletcher use

Answer 5

strict liability and foreseeability

Question 6

what did lord Cairns rule

Answer 6

that the principle applied only to ‘non-natural’ use of the D’s land, as distinguished from ‘any purpose for which on the ordinary course of the enjoyment of land be used’.

Question 7

what did the claimant played into this

Answer 7

as with nuisance a C must have an interest in the land affected thus a C must own, rent or have some other form of property interest in the land affect.

Question 8

what did the defendant played into

Answer 8

read v Lyons 1947- D must be either the owner or occupier of land who satisfies for four requirements of the Ryland’s v fletcher tort

Question 9

what is bringing onto the land

Answer 9

it is essential that D has actually brought some substance onto the land and that the substance in question is not one that is naturally occurring on the property

Question 10

why does Giles v walker not apply

Answer 10

bc it is natural and wasn’t brought (thistle seeds)

Question 11

why does Elisom v MoD 1997 not apply

Answer 11

bc its natural and cant be brought on the land (rain water)

Question 12

what is the second element of this tort.

Answer 12

the substance is likely to do ‘mischief’ to escape

Question 13

what case links to substance likely to do ‘mischief’

Answer 13

hale v jennings

Question 14

why does hale v jennings doesn’t link

Answer 14

bc it was personal injury instead of property

Question 15

what happened in hale v jennings

Answer 15

D operated a chair-o-plane roundabout at a fairground. one of the chair broke loose and hit the C

Question 16

what was held for hale v jennings

Answer 16

held to amount to an escape for the purpose of Rylands v Fletchers. D was liable for personal injury sustained

Question 17

what does it mean there must be an escape

Answer 17

foreseeability of the type of damage and not the escape itself referred to here

Question 18

facts of Read v Lyons 1947

Answer 18

C was employed by D in their factory which mad explosives for the ministry of supply. during the course of her employment an explosion occurred which killed a man and injured others including C. evidence that negligence had caused the explosion, at trial the judge held the case was governed by the rule in Ryland v fletcher and liability was therefore strict

Question 19

what was held for Read v Lyons

Answer 19

court of appeal reversed this decision as the rule in Ryland v Fletcher required an escape of the hazard mater. c appealed and the house of lords dismissed the appeal, for absence of any proof of negligence on behalf of the D or an escape of dangerous thing, there was no cause of action on which the C could succeed

Question 20

what must the courts consider how the escape happened

Answer 20

release of the dangerous thing is accidental
intentional releases

Question 21

what case links to nature of the escape

Answer 21

standards v Gore 2012

Question 22

facts of standards v gore 2012

Answer 22

rules holds that a person who brings onto their land anything likely to cause mischief if it it escape must keep it in at their peril and is answerable for all damages that results from it escape

Question 26

what does mean by a non-natural use of land

Answer 26

the substance brought onto land must be an unnatural use of land that it to say, a use that is extraordinary or unusual

Question 26

what the 3 element of Ryland v Fletcher

Answer 26

a non-natural use of land

Question 26

what is deemed as unusual

Answer 26

it is not static concept but rather something that may change in time to reflect advance in tech, it accessibility and how this affect social change and practice

Question 27

what case links to non-natural use of land

Answer 27

Rickards v Lothian 1913

Question 28

facts pf Rickards v Lothian 1913

Answer 28

C ran a business from the second floor of a building. D owned the building and leased different parts to other business tenants. an unknown person had blocked all the sinks in the lavatory on the fourth floor and turned on all the taps in order to cause a flood. this damaged the C’s stick and the claimant brought an action based on the principle set out in Rylands v Fletcher

Question 29

held for Rickards v Lothian 1913

Answer 29

Ds were not liable. the act which caused the damage was wrongful acts by the third party and there was no non-natural use of land

Question 30

what is the fourth element of Ryland & Fletcher

Answer 30

the thing stored must escape and cause foreseeable damage

Question 31

what does it mean by thing stored must escape and cause foreseeable damages

Answer 31

essential that the substance in question escape property in order for action in rylands & fletcher to be successful

Question 32

what case links to must escape and cause foreseeable damage

Answer 32

Read v Lyons 1946

Question 33

what is the foreseeability of must escape and cause foreseen damage

Answer 33

substance brought onto the land must be likely to do damage if it escape and the damage must be reasonably foreseeable, rather than the escape

Question 34

what are the four defences of Rylands v Fletcher

Answer 34

act of a stranger
act of god
statutory authority
consent

Question 35

what’s an act of a stranger

Answer 35

the material escaped bc of an act of stranger over whom the defendant had no control

Question 36

whats act of god

Answer 36

natural events like a earthquakes flood or other natural disaster which caused the material to escape, means the defendant would not be liable

Question 37

what is statutory authority

Answer 37

there is permission given by the local authority for the storage of material

Question 38

what is consent

Answer 38

the claimant was fully or partly at fault for the escape of the material