Rylands V Fletcher^

Question 1

Strict Liability Tort

Answer 1

can be liable without being negligent
has to have foresight of harm

Question 2

Rylands V Fletcher

Answer 2

having something build up on their land unnaturally and cause damage
D not negligent as he hired someone to build reservoir which broke and flooded mine

Question 3

Transco PLC

Answer 3

Lord Huffman
you can’t claim for personal injury
only obiter so not binding

Question 4

Requirments

Answer 4

D brought something onto his land
non-natural use of land
something likely to do mischief if it escapes
it did escape and cause damage

Question 5

Who Made Up The Requirments?

Answer 5

Lord Blackburn & Lord Cairns

Question 6

Giles V Walker

Answer 6

not artificially accumulated
flowers grew naturally

Question 7

Ellison V Minister Of Defence

Answer 7

rainwater is natural, not artificially accumulated so not liable

Question 8

Non-Natural Use

Answer 8

use must be extraordinary and unusual

Question 9

Transco V Stockport

Answer 9

Lord Bingham
i think ordinary use is preferable to natural use

Question 10

British Celanese V A H Hunt

Answer 10

storage of metal foils was natural

Question 11

Shiffman V The Grand Prory

Answer 11

flagpole escaped and hit

Question 12

Hale V Jennings Bros

Answer 12

chair on ride detached and hit
able to claim for injury

Question 13

Stannard V Gore

Answer 13

tires on fire but only fire escaped and caused damage so not liable

Question 14

Read V Lyons

Answer 14

R V F did not apply as damage was caused on land and did not escape

Question 15

Cambridge Water V Leather

Answer 15

damage must be foreseeable and not too remote

Question 16

Volenti

Answer 16

consent to the thing that has accumulated and escaped

Question 17

Act of Stranger

Answer 17

stranger, who D has no control over, caused the escape the D may not be liable

Question 18

Perry V Transport

Answer 18

example of act of stranger
stranger, who D has no control over, caused the escape the D may not be liable

Question 19

Act of God

Answer 19

extreme weather conditions that a human can’t prevent the effect
only succeed if the weather was unforeseeable

Question 20

Nichols V Marsland

Answer 20

example of act of God
extreme weather conditions that a human can’t prevent the effect

Question 21

Statutory Authority

Answer 21

allowed by an act of parliament

Question 22

Contributory Negligence

Answer 22

claimant is partly responsible for escape

Question 23

Defences Available

Answer 23

Volenti
Act of God
Act of Stranger
Statutory Authority
Contributory Negligence

Question 24

Remedies

Answer 24

what’s available to claimant
Damages

Question 25

Damages

Answer 25

compensation
but claimant must prove land is destroyed
court can order D to pay repair or replace