Rylands and Fletcher- torts connected to land

Question 1

step 1- accumulates

Answer 1

the D must bring and store the thing onto their land, can not be liable under ryalnds for a naturally occurring thing.
Giles v walker- seeds from thistles on land blew into neighbouring land.

Question 2

step 2- mischief

Answer 2

the thing that D stored on land must be the thing that causes the mischief if it escapes
if D stores tires on land and they catch fire D is not liable- Hale, fair ground chair detached

Question 3

step 3- escape

Answer 3

the thing must escape- factory made explosives and explosions occurred, killing a man and injured land.
Read v Lyons- he dangerous thing had not escaped, the escape must be from a place where D controls to a place which is outside of that.
-it must cause reasonably forceable damage
Cambridge waters- d used chemical on leather, seeped through concrete, damage not forceable.

Question 4

step 4- non natural

Answer 4

must be an unusual, extraordinary use of land considering time and place. e.g. purpose of Ds land.
trance- councils water pipe was leaking and before it was required it caused damage to neighbouring lands gas pipeline.

Question 5

introduction to ryalnds and fletcher

Answer 5

c must have legal interest in land and D must have control over the land, therefore occupier.
-claimant- must have a legal interest in the land to claim
- defendant- must have control over the land whether they are the owner or the occupier.

Question 6

what is drylands and fletcher 1868

Answer 6

D built a reservoir on his land but failed to back up the shafts of neighbouring mine property. when the reservoir is filled with water onto the land.
D liable because he brought water onto the land.

Question 7

rule-

Answer 7

a person who for his own purposes rings something onto his land. anything likely to do mischief if it escapes must do so at his own peril.

Question 8

what are the steps

Answer 8

step 1- accumulates
step 2-mischeif
step 3- escapes
step 4- non natural

Question 9

defences

Answer 9

act of god- natural but unpredictable event, such as extreme weather
Nicholas v marsland
- third party act
-statutory authority- if d authorised by state, then D can not be sued
-contributory negligence- this will reduce damages if c is partly to blame under the law reform act 1945
-consent- a person who consents to accumulation cannot later complain when the thing escapes and damages the land.

Question 10

remedies

Answer 10

compensation
-injunctions- only relevant to private guidance court order making D stop doing something, stop playing loud music
-mandatory injunction- court order making them do something.