Rylands v Fletcher

Question 1

Rylands v Fletcher

Answer 1

Damage to land arising from non-natural use of adjacent land.

Question 2

Rylands v Fletcher test

Answer 2

The claimant must have a legal interest in the land

A bringing onto the land of a non-natural substance

Substance is likely to do mischief if it escapes

Substance escapes and causes reasonably foreseeable damage

Question 3

Legal interest in the land - case

Rylands v Fletcher test

Answer 3

Hunter v Canary Wharf (proprietary interests)

Question 4

Non natural substance- case

Rylands v Fletcher test

Answer 4

TransCo v Stockport MBC (must be “extraordinary” use of land)
Alternatively, Giles v Walker

Question 5

Likely to do mischief on escape - case

Rylands v Fletcher test

Answer 5

Hale v Jennings Bros

Question 6

Escapes and causes reasonably foreseeable damage - case

Rylands v Fletcher test

Answer 6

Read v Lyons

Question 7

Hunter v Canary Wharf (proprietary interests)

Answer 7

Legal interest in the land - case

Rylands v Fletcher test

Question 8

TransCo v Stockport MBC

Answer 8

Non natural substance- case

Rylands v Fletcher test

Question 9

Hale v Jennings Bros

Answer 9

Likely to do mischief on escape - case

Rylands v Fletcher test

Question 10

Read v Lyons

Answer 10

Escapes and causes reasonably foreseeable damage - case

Rylands v Fletcher test

Question 11

Specific Defences

Answer 11

Act of a stranger (Perry v Kendricks Transport)
Consent
Contributory Negligence
Statutory Authority
Act of God (Nicols v Marsland)