Rylands V Fletcher

Question 1

What type of tort is it?

Answer 1

Strict liability tort

Question 2

What is this tort an extension for?

Answer 2

Extension to nuisance

Question 3

What type of law is this tort?

Answer 3

Common law

Question 4

Meaning of Rylands V Fletcher

Answer 4

Where a person’s property is damaged or destroyed by the escape of non-naturally stored material onto adjoining property.

Question 5

Facts of case

Answer 5

Millowner hired contractors to create a reservoir.
Contractors negligently failed to block mineshafts so water flooded neighbouring lands.
D was liable.

Question 6

Who can be a claimant?

Answer 6

A person has to have interest in the land affected.

Question 7

Case for claimant

Answer 7

Canary wharf

Question 8

Who can be a defendent?

Answer 8

Defendant must have some control over the land on which material is stored.

Question 9

Case for defendent

Answer 9

Lyons

Question 10

Four elements

Answer 10

1. Something must have been collected and kept on land.
2. The use of land must be non natural.
3. The thing brought onto the land must be likely to cause mischief if it escapes.
4. The thing brought onto the land must have escaped and caused damage.

Question 11

Where is their no liability for the first element?

Answer 11

If the thing in question was already present on land.

Question 12

Cases for no liability

Answer 12

Walker
Ministry of Defence

Question 13

Non natural

Answer 13

abnormal

Question 14

Rickards

Answer 14

D not liable as third party and no natural use.

Question 15

Transco

Answer 15

Extraordinary or unusual use of land.

Question 16

Examples of things which would cause mischief if they escaped

Answer 16

Gas and electricity
Poisonous fumes

Question 17

Read

Answer 17

No escape of the relevant kind from where D occupies onto other land.

Question 18

Cambridge water

Answer 18

Escape does not need to be forseeable but damage if it escapes must be.

Question 19

The thing brought onto land must have escaped and caused damage

Answer 19

Stored item must escape from one property to adjoining property

Question 20

Stannard

Answer 20

Thing itself must escape if thing is fire and fire escapes this will not count.

Question 21

What are the defences?

Answer 21

Statutory authority
Contributory negligence
Volenti non fit injura
Act of a stranger
Act of God

Question 22

Statutory authority

Answer 22

Act authorises D’s actions.

Question 23

Statutory authority case

Answer 23

Smeaton

Question 24

Contributory negligence

Answer 24

Claimant is partly responsible for escape of thing.

Question 25

What does the law reform say about contributory negligence?

Answer 25

Damages may be reduced according to C’s fault.

Question 26

Volenti non fit injura

Answer 26

Whereby claimant has consented to the thing that is accumulated by D.

Question 27

Volenti non fit injura case

Answer 27

Peters

Question 28

Act of a stranger

Answer 28

Whereby a stranger over D has no control has been the cause of escape.

Question 29

Act of God

Answer 29

Extreme weather conditions that no human foresight can provide against.

Question 30

Act of God case

Answer 30

Nichols

Question 31

What is the remedy?

Answer 31

Damages

Question 32

Damages

Answer 32

cost of repair or replacement of property damaged or destroyed.