Rylands v Fletcher

Question 1

What is the introduction to R v F?

Answer 1

Rylands v Fletcher is a strict liability tort. In this case the D’s reservoir flooded neighbouring mines and was held responsible as he brought a material on to the land, it was likely to cause mischief if it escaped, it amounted to a non natural use of land and when it escaped it caused reasonably foreseeable damage to an adjoining property. The parties for a R v F claim are the claimant, who must have an interest in the land that is affected, and the defendant, who must also own or occupy the land the material.

Question 2

Who can claim in R v F?

Answer 2

The claimant must have an interest in the land affected (eg. own it or be a tenant)

Question 3

Who is the defendant in an R v F claim?

Answer 3

The D must either be the owner or occupier of the land.