Rylands v Fletcher

Question 1

definition of rylands v fletcher?

Answer 1

if a D brings onto their land something which is likely to cause damage if it escapes, they are liable for the damage if it does escape

Question 2

what must be made sure before looking at the elements of rylands v fletcher?

Answer 2

D must control the land from which the problem comes from

Question 3

4 elements of rylands v fletcher?

Answer 3

1. the BRINGING ONTO THE LAND and an accumulation or storage
2. of a thing likely to CAUSE MISCHIEF if it escapes
3. which amounts to NON-NATURAL USE OF THE LAND and
4. which does escape and causes REASONABLY FORESEEABLE DAMAGE to adjoining property

Question 4

what is meant by mischief in rylands v fletcher?

Answer 4

damage

Question 5

what is meant by bringing onto the land?

Answer 5

D has actually brought some substance onto the land and that the substance in question is not one that is naturally occurring on the property

Question 6

2 examples of things that are naturally occurring substances in rylands v fletcher?

Answer 6

thistle seeds, rainwater

Question 7

thistle seeds case for rylands v fletcher?

Answer 7

giles v walker

Question 8

case to prove rainwater is a naturally occurring substance?

Answer 8

ellison v MoD

Question 9

examples of things that have caused damage from rylands v fletcher?

Answer 9

1. gas n electricity
2. poisonous fumes
3. a flag pole
4. tree branches
5. chair-o-plane seat

Question 10

chair-o-plane seat causing damage case?

Answer 10

hale v jennings

Question 11

can personal injury be claimed in rylands b fletcher? + case?

Answer 11

no, hale v jennings

Question 12

why is claiming fire damage rarely successful in rylands v fletcher?

Answer 12

it is the thing brought onto the land which must escape not the fire that was caused by the thing