rylands v fletcher

Question 1

rylands v fletcher definition

Answer 1

when D brings something onto their land and stores it there. if that thing escapes and causes damage to Cs property then D will be liable for all damage that is a natural consequence of the escape

Question 2

4 factors of rylands v fletcher

Answer 2

1. non natural use of the land
2. an escape of the dangerous thing
3. damage caused by escape
4. damage must be forseeable

Question 3

stage one of rvf

Answer 3

non natural use of the land - D has brought something onto their property which was not naturally there - transco, a use which is extraordinary and unusual

Question 4

stage two of rvf

Answer 4

escape of a dangerous thing - must be an escape from somewhere the D had occupation or control over to somewhere the D has no occupation or control over - read v lyons, thing itself must actually escape

Question 5

stage three of rvf

Answer 5

damage caused by escape - blackburn J said ‘D will be liable for all damage which is a natural consequence of the escape

Question 6

stage four of rvf

Answer 6

damage must be forseeable - cambridge waters, damage caused by an escape myst be forseeable otherwise it will be too remote and unrecoverable

Question 7

defense no1 for rvf

Answer 7

acts of a third party - fault is due to a third party, only available if D did not reasonably forsee the actions of a third party- rickards v lotnian

Question 8

defense no2 for rvf

Answer 8

acts of god - where the escape is due to natural causes that no human foresight could have guarded against - nichols v marsland

Question 9

defense no3 for rvf

Answer 9

statutory authority - escape was caused by soemthing d was obliged to dur bc of parliament

Question 10

defense no4 for rvf

Answer 10

default of the claimant where the damage is due to the act or a default of the claimant

Question 11

defense no5 for rvf

Answer 11

consent of the claimant