Rylands v Fletcher

Question 1

Rylands v Fletcher

Answer 1

A branch of private nuisance without fault (SL)

Question 2

RvF rules

Answer 2

Mr Justice Blackburn -
- D. brought something onto their land
- Used their land for a non-natural purpose
- The thing was likely to cause mischief if it escaped
- It escaped and caused damage

Question 3

• D. brought something onto their land
• Used their land for a non-natural purpose
• The thing was likely to cause mischief if it escaped
• It escaped and caused damage

Answer 3

• Giles v Walker
• Rickards v Lothian
• Transco PLC v Stockport MBC
• Reads v Lyons

Question 4

Damage in RvF

Answer 4

Restricted to just property damage

Question 5

Damage must be reasonably foreseeable (RvF)

Answer 5

Cambridge Water Co.

Question 6

Cambridge Water Co.

Answer 6

Damage must be reasonably foreseeable

Question 7

Giles v Walker

Answer 7

Thing must not of naturally accumulated

Question 8

Rickards v Lothian

Answer 8

Ordinary use = normal for the area
Any domestic use is always ordinary

Question 9

Transco PLC v Stockport MBC

Answer 9

Doesn’t matter if an escape is unforeseeable as long as D. ought to of recognised the danger if it were to escape

Question 10

Reads v Lyons

Answer 10

No escape = no liability

Question 11

Defences (RvF)

Answer 11

• Volenti
• Contributory negligence
• Acts of God (Nichols v Marsland)
• Acts of a stranger (Perry v Kendrick Transport)

Question 12

Nichols v Marsland

Answer 12

Acts of God

Question 13

Perry v Kendricks Transport

Answer 13

Acts of a stranger

Question 14

Remedies (RvF)

Answer 14

Compensatory damages