Rylands v Fletcher

Question 1

When will a claimant bring a claim under the rule in Roland’s v Fletcher?

Answer 1

When something has escaped from the defendant’s land onto their land and it has caused damage

Question 2

What are the five elements of Rylands v Fletcher?

Answer 2

1. Bringing onto land
2. Non-natural purpose
3. An escape
4. Damage is caused
5. Damage is reasonable foreseeable

Question 3

Define Bringing onto the land

Answer 3

The thing that escapes must be brought onto the land and not naturally occurring

Question 4

Giles v Walker applies to what?

Answer 4

Bringing onto the land

Question 5

Define Non-natural purpose

Answer 5

A special use which brings with it increased danger to others - usually the storage of a large quantity of something

Question 6

Rickards v Lothian applies to what?

Answer 6

Non-natural purpose

Question 7

Define Escape

Answer 7

Moves from Ds land onto Cs land

Question 8

Read v Lyons applies to what?

Answer 8

Escape

Question 9

Gore v Stannard states what?

Answer 9

It must be the substance itself that escapes, not fire caused by the substance, or debris from an explosion of the substance

Question 10

Halsey v Esso applies to what?

Answer 10

Damage must be caused

Question 11

Cambridge Water Co v Eastern Counties Leather apples to what?

Answer 11

Damage must be reasonably foreseeable

Question 12

What are the three defences to a Rylands v fletcher claim?

Answer 12

1.Consent
2. Act of god
3. Act of a stranger

Question 13

What is the main remedy in a Rylands v Fletcher claim?

Answer 13

Damages