Rylands v Fletcher

Question 1

What is the rule in Ryland’s v Fletcher ?

Answer 1

Coverage for when something from neighbouring land escapes

Question 2

What are the requirements for the rule in Ryland’s v Fletcher ?

Answer 2

The bringing onto the land and accumulation

Of a thing likely to cause mischief if it escapes

Which amounts to unatural use of the land

And escapes causing reasonably foreseeable damage to adjoining property

Question 3

What classes as bringing onto the land and accumulation ?

Answer 3

The thing brought onto the land cannot be something natural present on the land.

Natural presence=No liability

Question 4

What case can we use for bringing onto the land and accumulation ?

Answer 4

Ellison v Ministry of defence (1997)- where rainwater accumulated onto a property via fences however D was not liable

Question 5

What is a thing likely to do mischief if it escapes ?

Answer 5

Hale v Jennings bros (1938) described a chair-o-plane
and past rulings have included
Gas and electricity
Poisonous fumes
A flag pole
Tree branches

Question 6

Where does this quote for unnatural use of the land come from ?

“It must be some special use bringing with it increased danger to others and not merely by the ordinary use of the land, or such as is proper for the general benefit of the community”

Answer 6

Lord Moulton in Rickards v Lothian (1913)

Question 7

What is the law on escaping and causing reasonable foreseeable damage to adjoining property ?

Answer 7

The stored thing or item must escape from d’s property onto the adjoining property

Question 8

What case shows us strict application of escaping and causing reasonable foreseeable damage to adjoining property ?

Answer 8

Read v J Lyons & co (1947)

Question 9

What are the defences ?

Answer 9

Act of a stranger

Acts of God

Statutory authority (same as nuisance)