Rylands v Feltcher Ch15 Y2

Question 1

In which circumstances would someone be sued under the tort of Rylands v Fletcher?

Answer 1

When property is destroyed or damaged by a neighbour.

Question 2

What are the 4 essential elements of Rylands v Fletcher?

Answer 2

1 - A Thing is brought onto the land and accumulated

2 - The thing is likely to cause mischief if it escapes

3 - Amounts to a non-natural use of the land

4a - Which does escape

4b - And causes reasonably foreseeable damage

Question 3

What must the defendant and claimant have in relation to the properties involved?

Answer 3

A legal interest in the property affected/ that caused the damage

Question 4

What is meant by A thing is brought onto the land and accumulated in Rylands v Fletcher?

Answer 4

Something, which is not naturally present, is brought, and stored on the land

Question 5

What is meant by The thing is likely to cause mischief if it escapes in Rylands v Fletcher?

Answer 5

That, if the thing were to escape, it is foreseeable that damage would be caused

Question 6

What does the case of Hale v Jennings bros illustrate?

Answer 6

that perhaps nearly any thing could be likely to do mischief if it escapes

Question 7

What is meant by a non natural use of the land in Rylands v Fletcher?

Answer 7

Means that the use of the land was not ordinary.

some factors that can be used to argue this are if the use brought an increased level of danger, if the use brought a benefit to the community (jobs) or if it is a domestic use (normal things homes have)

Question 8

What does the case of Rickards v Lothian illustrate?

Answer 8

That domestic uses of land are considered natural. In this case, the use of water in water pipes was a natural use of the land.

Question 9

What does the case of British Celanese illustrate?

Answer 9

a use of property that brings benefits to the local population (Jobs) can be classed as natural.

Question 10

What case can be used to argue that providing a benefit to the local population, does not make it a natural use of the land, especially if it brings an increased level of danger?

Answer 10

Cambridge Water

Question 11

What case is used to illustrate that The thing must escape from one property to another?

Answer 11

Read v J Lyons

Question 12

What case can be used to argue that damage was not reasonable foreseeable in Rylands v Fletcher?

Answer 12

Cambridge Water

Question 13

What cases illustrate that uses of land with an increased level of danger can make damage forseeable

Answer 13

LMS International - flammable material caught fire and spread to neighbour, Claim succeeded

Stannard - tyres caught fire, not normally flammable so not foreseeable. Claim failed

Question 14

What defences are available to a claim under Rylands v Fletcher

Answer 14

Volenti non fit injuria (Consent)
Act of a stranger
Act of God
Statutory Authority
Contributory negligence

Question 15

What is the defence of act of a stranger in a Rylands v Fletcher claim, and what case illustrates it?

Answer 15

that the cause of the escape was a person which the defendant has no control

Perry v Kendricks

Question 16

What is meant by an act of god in a Rylands v Fletcher claim, and what case illustrates it?

Answer 16

A defence for when there are extreme weather conditions that cause the escape.

Nichols v Marsland

Question 17

What are the damages in a Rylands v Fletcher case?

Answer 17

The cost of repair or replacement of the property that was damaged or destroyed

Question 18

What does the case of Transco illustrate?

Answer 18

In a Rylands v Fletcher claim, it is preferable that a test of ordinary is used instead of whether the use of the land was non natural.