Rylands V Fletcher

Question 1

Rylands v fletcher

Answer 1

Type of strict liability
Therefore D may be liable without being negligent

Question 2

To prove:

Answer 2

o Accumulation on the D land
o A thing likely to do mischief
o Escape
o Non natural use of land
o The damage must not be too remote

Question 3

Accumulation

Answer 3

D must bring hazardous thing into their land and keep it - Ellison v ministry of defence
A thing likely to be dangerous if it escapes - need not be dangerous in itself

Question 4

Escape

Answer 4

Must be an escape from D land
Read v Lyons

Question 5

Non natural use of land

Answer 5

Use of land must he “extraordinary”

Question 6

Remoteness of damage

Answer 6

Normal rules
Welles v foot and mouth disease institute

Question 7

Defences

Answer 7

Act of a stranger
Wrongful act of third party
Act of god
Statutory authority
Consent/benefit

Question 8

Act of a stranger

Answer 8

If the escape was caused by a stranger which D had no control and whose actions were not reasonable foreseeable – ribee v norrie 2000

Question 9

Act of god

Answer 9

however if the D is aware if it and doesn’t take reasonable steps then they may be liable for the damage it causes – Goldman v Hargrove 1967

Question 10

Statutory authority

Answer 10

Nuisances’ may be caused by authorities acting – this is a defence as long as it doesn’t exceed their authority – Allen v Gulf oil 1981

Question 11

Consent/benefit

Answer 11

If the C receives a benefit, then they may have consented to it – peters v prince of wales theatre 1943