rylands and fletcher

Question 1

case facts

Answer 1

reservoir built over abandoned mine shafts which collapsed due to the weight of the water causing a flood on the claimants land. the defendant did not take reasonable care to select a competent and experienced independent contractor

Question 2

what elements are required

Answer 2

1. something must have been collected and kept on the land
2. the use of the land be non-natural
3. the thing brought onto the land must be likely to do mischief
4. the thing brought onto the land must have escaped and caused damage

Question 3

case for things collected and kept on land

Answer 3

miles v forest granite co ltd
things kept and collected on the land do not need to be the thing that escapes only the thing that causes something to escape

Question 4

case for non-natural use of land

Answer 4

in rickards v lothian it was a natural use

Question 5

case for non-natural use of land and likelihood of mischief

Answer 5

transco plc v stockport metropolitan borough council

the thing collected and kept on the land itself does not have to be dangerous but if it escapes it is likely to do harm

Question 6

case for non-natural use of land and foreseeability of harm

Answer 6

cambridge water co ltd v eastern countries leather plc
no liability in read v j lyons & co
if the thing collected and kept on the land escapes and causes harm liability under R&F will be complete provided harm is caused to the claimants property

Question 7

list the defences available to the rule of rylands v fletcher

Answer 7

consent
vis major or act of god
act of a stranger
statutory authority
contributory negligence

Question 8

what does not count as statutory authority

Answer 8

planning permission

wheeler v saunders