Rylands v. Fletcher

Question 1

What are the five elements of Rylands v. Fletcher?

Answer 1

1) . Brings onto land (something that does not naturally occur) (Giles v. Walker).
2) . Non-natural use of land (running tap - Rickards v. Lothian) (Storage of chemicals on industrial land is non-natural - Cambridge v. Eastern Counties).
3) . Likely to cause mischief if escapes.
4) . Escapes (no escape in Read v. Lyons).
5) . Damage - not too remote (Cambridge v. Eastern Counties).

Question 2

What must claimants under Rylands v Fletcher have? Give a case to support this.

Answer 2

An interest in the land. (Weller v. Foot and Mouth Research)

Question 3

What must defendants under Rylands v Fletcher be? Provide a case to support this.

Answer 3

Occupiers of the land from which the object escapes;as established by Smith v. Scott.

Question 4

List the 5 defences in Rylands v. Fletcher, supporting with cases where appropriate.

Answer 4

1) . Act of a stranger (Box v. Jubb)
2) . Volenti
3) . Contributory negligence
4) . Statutory authority (Green v. Chelsea Water)
5) . Act of God (Nichols v. Marsland)

Question 5

Name the type of people Rylands v. Fletcher originally applied to.

Answer 5

Reservoir Owners.