Rylands V Fletcher

Question 1

Rylands v Fletcher

Answer 1

•must be a bringing onto land/ accumulation
•be of a thing likely to cause mischief if it escapes
•which amounts to a non-natural use
•& does escape and cause damage

Question 2

Giles v walker

Answer 2

D not liable if naturally occurring

Question 3

Ellison v ministry of defence

Answer 3

D not liable as naturally accumulating

Question 4

Leaky v national trust

Answer 4

D liable if knew risk and did nothing to prevent

Question 5

Cambridge water

Answer 5

•damage must be foreseeable not the escape itself
•must be extraordinary and unusual

Question 6

Transco

Answer 6

Natural use of land means not liable

Question 7

Read v lyons

Answer 7

Must escape from a place D has control/occupation to a place he does not

Question 8

Rickards v lothian

Answer 8

Defence of 3rd party not available if D ought to reasonably foresee the actions of the 3rd party and prevent it

Question 9

Green v Chelsea waterworks

Answer 9

Not liable if obliged by a statute to do something

Question 10

Peter v prince of wales theatre

Answer 10

If C consents to the accumulation, the D isn’t liable