Rylands V Fletcher

Question 1

Definition for Rylands v Fletcher?

Answer 1

Where a persons property is damaged or destroyed by the escape of non-naturally stored material onto adjoining property

Question 2

Point of law in Rylands v Fletcher?

Answer 2

Bringing onto the land and an accumulation
Thing likely to cause mischief if it escapes
Amounts to a non-natural use of the land
Reasonably foreseeable damage caused

Question 3

Point of law in Giles v Walker for Rylands v Fletcher?

Answer 3

Is thing is naturally present then cannot claim

Question 4

Examples of mischief for Rylands v Fletcher?

Answer 4

Gas
Electricity
Poisonous Fumes

Question 5

Point of law in Hale v Jennings Bros for Rylands v Fletcher?

Answer 5

Cannot claim for personal injury under tort

Question 6

Non-Natural use of land meaning for Rylands v Fletcher?

Answer 6

Extraordinary or some unusual use of land

Question 7

Cases for non-natural use of land for Rylands v Fletcher?

Answer 7

Rickards v Lothian
Cambridge Water Co v Easton Counties Leather plc

Question 8

Point of law in Rickards v Lothian for Rylands v Fletcher?

Answer 8

Natural use can be a water supply

Question 9

Point of law in Cambridge Water Co v Easton Counties Leather plc for Rylands v Fletcher?

Answer 9

Chemicals in a factory was non-natural

Question 10

Defences for Rylands v Fletcher and cases?

Answer 10

Consent - no liability
Act of a stranger - Perry v Kendricks Transport
Act of God - (weather) Nicholas v Marsland
Statutory Authority
Contributory Negligence
Law Reform (Contributory Negligence) Act 1945