Rylands v Fletcher

Question 1

what are the 4 elements of rylands v fletcher given by Blackburn and LJ

Answer 1

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

Question 2

What was the rule held by Rylands v Fletcher

Answer 2

a person must keep a dangerous thing at his peril

Question 3

Collected and kept on the land

Answer 3

Giles v Walker - No liability for something that naturally accumulates on the land

Question 4

Non naturual use of land

Answer 4

Cambridge water v Eastern Counties Leather - Meaning extraordinary and unusual such as chemicals

Question 4

A thing likely to do mischief if it escapes

Answer 4

Hales v Jenning bros - the thing in itself does not need to be inherently hazardous, it need only be a thing likely to cause damage if it escapes

Question 5

Escapes and causes damage

Answer 5

Cambridge water v Eastern countries leather -

Question 6

Defences

Answer 6

Volenti non-fit injuria
Act of God
Act of a stranger
Statutory authority