Rylands v Fletcher

Question 1

Definition of Ryland’s v Fletcher Tort

Answer 1

-A strict liability tort where the claimant does not have to prove the defendant was at fault

Question 2

4 Elements that must be proved under Ryland’s v Fletcher

Answer 2

1. A thing was brought onto land and an accumulation of it
2. The thing is likely to cause mischief if it escapes
3. The storage amounts to a non-natural use of the land
4. The thing does escape and causes foreseeable damage

Question 3

Requirements to bring a claim

Answer 3

-Person bringing claim must have interest in land affected - Hunter v Canary Wharf LTD

Question 4

Case of thing already being on land

Answer 4

-If the thing is already naturally present on land then there is no liability
-Giles v Walker

Question 5

The thing is likely to do mischief if it escapes

Answer 5

-A test of foreseeability
-Not the escape that must be foreseeable but the damage it would cause
-Hale v Jennings Bros

Question 6

Non-Natural use of land

Answer 6

-Case of Transco plc v Stockport Metropolitan Borough Council ruled that:
Non-Natural use of land refers to some extraordinary or unusual use of land

Question 7

The thing stored must escape and cause foreseeable damage

Answer 7

-Stored item must escape from one property onto another - Read v J. Lyons & Co.Ltd
-Rule is not always strictly applied - As shown in Hale v Jennings Bros

Question 8

Defences

Answer 8

-Act of god (no human can foresight against it) - Nichols v Marsland
-Act of stranger (where D has No control over random person) - Perry v Kendericks Transport
-Volenti non fit injuria - Peters v Prince of Wales Theatre
-Wrongful act of third party
-Statutory authority
-Contributory negligence