Rylands V Fletcher

Question 1

Rylands v fletcher:

Answer 1

“D brings something onto their land and stores it there the thing escapes and causes damage”

Question 2

Stage 1

Answer 2

Non natural use of land- this can be due to quantity or volume- oil chemicals even water transco defined this as “extraordinary or unusual” and “special use bringing increased danger to others”

Question 3

Stage 2

Answer 3

Escape of thing brought onto land must be from a place D had control over to a place outside the Ds occupation (Read v Lyon)

Question 4

Stage 3

Answer 4

Damage caused by escape- (Rylnads, Blackburn) “D will be liable for all damage caused as a natural consequence of the escape”

Question 5

Stage 4

Answer 5

Damage must be foreseeable type not too remote (Cambridge water) if D can’t predict they can’t prevent.

Question 6

Defences

Answer 6

Acts of third party
Acts of god (Nicholis v marsland)
Statutory authority
Defaults if claimant
Consent of claimant

Question 7

Remedies

Answer 7

Compensation