Rylands v Fletcher

Question 1

four elements in Rylands v Fletcher

Answer 1

-The bringing onto the land and accumulation/storage
-A thing likely to cause mischief if it escapes
-Which amounts to unnatural use of the land, and
-Which does escape and causes reasonably foreseeable damage to adjoining property

Question 2

bringing onto land and accumulation

Answer 2

what is brought onto the land must be something which is not naturally present on the land. If it is present naturally there can be no liability.

Question 3

Giles v Walker

Answer 3

D wasn’t liable when weeds from their property spread to the claimants property.

Question 4

Ellison v Ministry of Defence

Answer 4

facts: a soldier was injured during a training exercise conducted by the Ministry of Defence.
principle: there is no liability for things that naturally accumulate on the property,

Question 5

likely to do mischief if it escapes

Answer 5

Gas and electricity
Poisonous fumes
A flag pole
Tree branches

Question 6

Hale v Jennings Bros

Answer 6

facts: Mrs. Hale fired for not wearing trousers.
held: Court ruled it was sex discrimination.
principle: Gender-based dress codes can be deemed as sex discrimination.

Question 7

Transco v Stockport Borough Council

Answer 7

facts: Transco sought compensation for pipeline damage during roadworks.
held: Council not liable as duties were delegated to a competent contractor.
principle: Organizations can delegate duties to competent contractors and avoid liability for their actions.

Question 8

1) non-natural use of land

Answer 8

Liability for negligence arises if the use of land poses a special danger to others, beyond what is ordinary or beneficial for the community.

Question 9

natural uses of land examples

Answer 9

A fire in a grate which spread
Defective electric wiring that caused a fire
Domestic water supply

Question 10

Rickards v Lothian

Answer 10

facts: plaintiff’s cellar flooded due to defendant’s burst pipe.
held: Natural use so no liability

Question 11

4) escape and foreseeable damage

Answer 11

Ward LJ held
1. It is the ‘thing’ itself (tyres) which must escape not just the fire
2. Fire is dangerous so if a deliberate or negligent fire is started and it spreads, D will be liable under Rylands v Fletcher
3. However, starting a fire on your land may be natural use

Question 12

defences

Answer 12

Act of a stranger
Act of God
Statutory authority (same as nuisance)

Question 13

Act of a stranger

Answer 13

if a stranger causes the escape and D has no control over this stranger, D is not liable.

Question 14

Perry v Kendricks Transport

Answer 14

facts: D parked their bus on their parking space. A stranger removed the petrol cap and a child was injured when another child threw a match into the tank.
held: The defence of act of a stranger was successful

Question 15

act of god

Answer 15

extreme weather conditions that ‘no
human foresight can provide against’

Question 16

Nichols v Marsland

Answer 16

facts: D created artificial lakes but unforeseen thunderstorms burst the banks and caused damage to C’s land.
held: The defence of act of god was successful