Rylands V Fletcher

Question 1

Rylands v Fletcher

Answer 1

Water escaped from reservoir into claimants mine. Introduced liability for escape.

Question 2

Definition quote

Answer 2

‘A person who brings in his land and collects and keeps there anything likely to do mischief if it escaped, is liable, for all the damage which is a natural consequence of its escape’

Question 3

Hunter v Canary Wharf

Answer 3

Must have interest in the land. Must own or rent.

Question 4

Seller & Co v Foot & mouth disease research institute

Answer 4

Virus escaped. Ban on movement of livestock locally claimants where cattle auctioneers who lost income but failed as didn’t own land cattle where on.

Question 5

Smith V Scott

Answer 5

Local authorities let a house to homeless. Next door neighbour tried to sue LA but as they weren’t in control of the land it failed

Question 6

Rugby v Chief constable of Northampton

Answer 6

Police trying to capture psychopath release CS gas into shop which sets on fire. Escape from van to shop

Question 7

Crown river cruises v kimbolton fireworks

Answer 7

A barge could qualify as land

Question 8

Hiller v Air Ministry

Answer 8

Electricity escaped from underground cables and electrocuted cows

Question 9

Crowhurst v Amersham burial board

Answer 9

Yew trees went over boundary and killed animals in field

Question 10

Hale v Jennings bros

Answer 10

Chair o plane flew of ride and damaged adjacent land

Question 11

Stannard v gore

Answer 11

D had stacks of tires that caught on fire and damaged C’s land no escape as only fire

Question 12

Musgrove v pandelis

Answer 12

Fire in garage from cars petrol.
Their had been no negligence.

Question 13

Read v Lyon’s

Answer 13

C inspecting WW2 munitions in factory one blows up injuring her.
-no escape
-can’t sue for personal injury

Question 14

What is the quote from Cambridge waters v eastern counties leather about being aware of the escape?

Answer 14

‘The defendant must know or have or ought to have reasonably foreseen that damage of the relevant type’

Question 15

Nichols v Marsland

Answer 15

Heaviest rain in living memory water broke banks of artificial lakes and destroyed bridges act of god defence

Question 16

Perry v Kendrick transport

Answer 16

Defendant removed fuel cap from bus oil drained match was thrown in tank Act of stranger defence

Question 17

Peters v prince of wales theatre

Answer 17

Sprinkler system broke flooded building adjacent volenti as benefited building next door

Question 18

Green v Chelsea Waterworks

Answer 18

Water main burst and flooded c’s premises statutory authority defence

Question 19

What cases relate to Control? (2)

Answer 19

Weller & Co v Foot & Mouth Disease Research Institute
Smith v Scott

Question 20

What cases relate to accumulation?

Answer 20

There aren’t any something just needs to be stored on the land

Question 21

What cases relate to likely to cause mischief? (3)

Answer 21

Hiller v Air Ministry
Hale v Jenning Bros
Crowhurst v Amersham Burial Board

Question 22

What cases relate to escape? (3)

Answer 22

Stannard v Gore
Musgrove v Pandelis
Read v Lyon’s

Question 23

What cases relate to non-natural use of land? (2)

Answer 23

Cambridge waters v Eastern Counties Leather
Transco v Stockport

Question 24

Cases for damage?(2)

Answer 24

Transco - confirmed can’t claim for personal injury with rvf
Cambridge waters - owner must have foreseen that damage was of the relevant type was forseeable

Question 25

What does the case of Transco v Stockport state?

Answer 25

‘The ordinary user test is preferred over the natural user

Question 26

What is the case of Mason v Levy Auto Parts?

Answer 26

Petroleum and paint started fire non natural use