Rylands v Fletcher

Question 1

When is a person liable

Answer 1

Liable for things that escape from his land and cause damage to another

Question 2

First element

Answer 2

Must bring onto land, claim will fail if it is already there

Question 3

Second element

Answer 3

Must be dangerous and likely to do mischief if it escapes, it does not have to be likely to escape but simply reasonably forseeable

Question 4

Third element

Answer 4

The dangerous thing must have been brought on for a non natural use, anything that is extraordinary and unusual

Question 5

Fourth element

Answer 5

Must escape and cause damage, if the thing remains on land while fire spreads then the claim will fail

Question 6

Defences

Answer 6

Contributory negligence
Consent
Act of a stranger
Act of god
statutory authority

Question 7

Remedies

Answer 7

Special and general damages where special is measurable