Rylands V Fletcher

Question 1

Rylands v Fletcher- governed by

Answer 1

Rylands v Fletcher + common law

Question 2

Claimant- the claimant is someone with an equitable interest in the land, this can be due to an equitable interest as its owner or has exclusive possession (tenant)

Answer 2

Hunter v Canary Wharf

Question 3

Defendant- a D must have some control over the land which the material is stored

Answer 3

Read v Lyons

Question 4

A bringing onto the land and accumulating- it must be a non natural process that has caused it to accumulate

Answer 4

Rylands v fletcher

Question 5

A bringing onto the land and accumulating- no liability for thing naturally accumulating on the land

Answer 5

Giles v walker

Question 6

Likely to cause mischief if it escapes- the thing itself doesn’t have to be inherently dangerous

Answer 6

Shiffman

Question 7

Likely to cause mischief if it escapes- the thing must be likely to cause mischief if it escapes

Answer 7

Hale

Question 8

Does escape and causes damage (step1)- there must be an escape from the land the D controls (1) OR from circumstances over which the D has control (2)

Answer 8

1. Hunt
2. Hale

Question 9

Does escape and causes damage (step1)- the thing brought onto the land must escape and cause damage NOT a by product of it

Answer 9

Stannard v Gore

Question 10

Does escape and causes damage (step2)- the thing that has escaped must have caused damage

Answer 10

Read v Lyons

Question 11

Does escape and causes damage (step2)- personal injury damage is not recoverable under Rylands v fletcher

Answer 11

Cambridge water Co v Eastern counties leather plc

Question 12

Foreseeable damage- the damage caused must be reasonably foreseeable, otherwise it is too remote and the claim will fail

Answer 12

Cambridge Water Co v Eastern Counties Leather plc

Question 13

A non-natural use of the land- the use of the land must be exceptionally dangerous or extraordinary or unusual circumstances

Answer 13

Transco v Stockport MBC

Question 14

Non-natural use of the land- a potentially dangerous activity will be a non natural use of the land

Answer 14

Cambridge water co v eastern counties leather plc

Question 15

Non-natural use of the land- things stored in large quantities will be a non-natural use of the land

Answer 15

Mason v levy

Question 16

Defences- act of a stranger: if a stranger has been the cause of the escape that has caused the damage, then the D is not liable

Answer 16

Perry

Question 17

Defences- act of god: if there is extreme weather conditions which are unforeseeable and render the situation beyond the Ds control

Answer 17

Nichols v Marsland

Question 18

Defences- statutory authority: if the terms of an act of parliament authorise the D actions its is a defence

Answer 18

Hydraulic Power Co v Charing Cross Elec Co

Question 19

Defences/conclusions- view defences and remedies as well as past paragraphs found in books

Answer 19

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