Rylands V Fletcher

Question 1

Ryland’s v fletcher

Answer 1

This rule works when D has accumulated something dangerous on his land, which escapes and causes damage on neighbouring

Question 2

Elements of the tort

Answer 2

1. C must able to sue d
2. V must bring or accumulate something on to their land
3. The thing must must escape
4. There must be an exceptionally high risk of danger if that they were to escape
5. The thing must cause reasonably foreseeable damage
6. Use of that thing must be a natural use of land

Question 3

Read v Lyons

Answer 3

Anyone with control of the land where the problem started may be bought to court under Rylands v fletcher

Question 4

1. Can c sue d
   Transco v Stockport mc

Answer 4

Like private nuisance, c needs to have a property right in the affected pand to be able to sue them

Question 5

Ellison v ministry of defence

Answer 5

Where the thing causing damage naturally accumulates on the land, it cannot be said that D has brought it to his land

Question 6

Did the thing that D escaped
Read v lyons

Answer 6

If the claimant had control it means it did not escape

Question 7

Stannard v gore

Answer 7

Where fire escapes and causes damage, d must have brought that fire onto his land, no just objects that worsen the fire

Question 8

4. High risk
   Transco v Stockport mbc

Answer 8

This means that one could forsee a very hugh risk of danger of it the thing escapes

Question 9

Cambridge water Co v Eastern countries leather

Answer 9

The type of damage caused must be reasonably foreseeable

Question 10

6. Non natural use of land
   Transco v Stockport mbc

Answer 10

A non natural use is an extraordinary and unusual use of the land

Question 11

Defences

Answer 11

1. Act of a stranger- rickards v Lothian
   2.Act of God- Nichols v marsland