Ryland's v fletcher

Question 1

what is rylands v fletcher definition after new case

Answer 1

the decision in 1868 was that its where a persons property is damages or destroyed by the escape of non-naturally stored material onto adjoining property.
In Cambridge Water Co v Eastern Countries Leather plc (1994) its now identified tort as a type of nuisance, and subject to the same test of foreseeability
it is also strict liability

Question 2

what are the 4 elements to be proved in Rylands V Fletcher

Answer 2

The bringing into the land and an accumulation (or storage)

Of a thing likely to cause mischief if it escapes

Which amounts to a non-natural use of the land

Which does escape to adjoining property.

Question 3

what is a claimant-parties to the action

Answer 3

Claimant-person affected must either own the land, rent it or have some sort of property interest in it

Question 4

what is a defendant-in terms of the parties to an action

Answer 4

Defendant-owner or occupier of the land causing problem

Question 5

what is the liability for something that occurs naturally

Answer 5

there is no liability for something that occurs naturally , such as weeds, Giles v Walker (1890)

Question 6

what is likely to cause mischeif if it escapes?

Answer 6

courts examples:
Gas/electricity
Poisonous fumes
A flag Pole
Tree Brancges
An occupied chair from a chair-o-plane ride