Rylands V Fletcher

Question 1

RvF is a type of nuisance where;

Answer 1

D stores something on his land & it escapes
It causes reasonably foreseeable damage to C’s land
D must store something that’s considered ‘unnatural use of land’

Question 2

“Whatever D stores must escape”

Answer 2

Wyvern Tyres - Stored item itself must escape, not a fire

Question 3

“Unnatural use of land”

Answer 3

Extraordinary or unusual (Cambridge Water)

Question 4

“Reasonably foreseeable damage”

Answer 4

Damage must be foreseeable; not the escape of the item

Question 5

Special defences to RvF Claims

Answer 5

Act of God - Extreme unpredicted weather (Nichols)
Act of Stranger - Someone random causes the item to escape (Perry)
Statutory Authority - Act of Parlt authorises D’s activity

Question 6

Default defences to RvF

Answer 6

Volenti - C consents to D storing item

Contributory Negligence - C fails to take necessary precautions

Question 7

Leading case for RvF?

Answer 7

Rylands v Fletcher :)

Question 8

1 example of natural use of land, as ruled by courts

Answer 8

Domestic water supply (Rickards)

Question 9

What kind of tort is RvF?

Answer 9

Strict Liability, type of private nuisance