Rylands V Fletcher

Question 1

Rylands v fletcher

Answer 1

Escape of a dangerous thing

Question 2

Definition of rylands V Fletcher

Answer 2

When a D brings something onto their land and stores it there. If escapes and causes damage to the claimants land
Them d will be liable

Question 3

Rylands V fletcher has four factors

Answer 3

1) a non natural use of land - TRANSCO

2) An escape of the thing brought onto the land - READ V LYONS

3) Damage caused by the escape - RYLANDS BLACKBURN J

4) The damage is of a foreseeable type - CAMBRIDGE WATER

Question 4

Factor 1 - A non natural use of land

Answer 4

D brought something onto their property that was not naturally theirs

TRANSCO - defined non natural use as a use which is “extraordinary and unusual” or as a “special use brings Ng increased hangers to others”

Question 5

Factor 2 - An escape of the thing brought onto the land

Answer 5

There must be an escape from a place that the D had occupation of , or control over, to a place which is outside his or her occupation or control. The “thing” itself must actually escape
READ V LYONS

Question 6

Factor 3 - The escape caused the Damage

Answer 6

RYLANDS BLACKBURN J said: D will be liable for all the damage which is the natural consequence of its escape” this included all types of property damage including damage to the land

Question 7

Factor 4 - the damage is of a foreseeable type

Answer 7

CAMBRIDGE WATER : damage caused by the escape must be reasonably foreseeable or it will be too remote. If the D cannot predict it , they cannot prevent it