rylands v fletcher

Question 1

Accumulation on the ds land

Answer 1

d must bring hazardous material onto the land and keep it there

Question 2

the thing is likely to do mischief if it escapes

Answer 2

the thing need not be inherently dangerous. it need only to be something that is likely to cause damage if it escapes

Question 3

escapes

Answer 3

the thing must escape onto the ds land. any injury sustained as a result of the accumulation on the land itself will not invoke liability

Question 4

non natural use of land

Answer 4

the use of land must be extraordinary and unusual

Question 5

remoteness of damage

Answer 5

how closely related the cs damage is to what the d did

Question 6

giles v walker

Answer 6

there is no liability for something that naturally accumulates on the lans

Question 7

miles v forest rock granite

Answer 7

the explosives accumulated and therefore caused the rocks to escape

Question 8

shiffman

Answer 8

this amounted to an escape

Question 9

read v Lyons

Answer 9

there was no escape

Question 10

Transco v stockport MBC

Answer 10

although strictly speaking the use of land was not natural it was not unusual or extraordinary either so the d was not liable

Question 11

Perry v kendricks transport ltd

Answer 11

the d was not liable as the escape was caused by the deliberate act of a third party

Question 12

act of stranger

Answer 12

d has a complete defence if the escape was caused by the act of a stranger over which d had no control over and whose actions could not have been reasonably foreseen

Question 13

act of god

Answer 13

this means an act that happens independently of any human action

Question 14

Carstairs v Taylor

Answer 14

the heavy rain was classed as an act of god