Rylands V Fletcher

Question 1

What is it

Answer 1

A new precedent of strict liability involving damages caused by activities on neighbouring properties

Question 2

Case facts

Answer 2

Ryland was liable for fletcher damages to coal mines due to reservoir bursting after filled with water

Question 3

For a successful claim

Answer 3

• a thing is brought onto land and accumulates
  -likely to cause mischief if escaped
  -storage is non natural use of land
• escape = damage

Question 4

Requirements to bring a claim

Answer 4

Potential claimants
Has to have an interest in land affected.

Question 5

Bringing onto land

Answer 5

If the thing is naturally occurring then no liability.

Question 6

Likely to cause mischief

Answer 6

Test of foreseeability- damage must be foreseeable
Includes gas poison and a chair (hale v Jennings)

Question 7

Non natural use of land

Answer 7

Courts examine
- risks
-potential harms
-nature of activity

Question 8

Transco

Answer 8

Highlights natural v non natural use of land