Rylands V Fletcher

Question 1

What are the five elements of the Rylands v Fletcher test

Answer 1

• Bringing onto the land,
• Which amounts to a non-natural use of the land,
• The thing escapes,
• And causes damage,
• The damage must be of the kind that is reasonably foreseeable.

Question 2

Bringing onto the land

Answer 2

• The thing must be brought onto the land; it must not be naturally present.
• Things that are naturally present include wildflowers, lakes and river.
• Things that are not naturally present include swimming pools, storage tanks and fire pits.
• Giles v Walker

Question 3

Which amounts to non-natural use of the land

Answer 3

• A non-natural use was further clarified as an extraordinary and unusual use of the land.
• Mason v Levy Auto Parts

Question 4

The thing must escape

Answer 4

• Escape means to move from the defendants land onto the claimants land.
• Gore v Stannard.
• Escape, under the rule in Ryland v Fletcher means the thing must move from the defendant’s land onto the claimant’s land.
• Read v Lyons.

Question 5

And causes damage which must be of the kind that is reasonably foreseeable

Answer 5

• Causes damage is damage to land or damage to property that allow the claimant to recover under this rule.
• Strict liability is when the defendant was not at fault for the damage.
• Cambridge Water v Eastern Counties Leather.

Question 6

Defences- The act of a stranger

Answer 6

• If the nuisance or the escape was caused by the actions of a third party, than this can absolve the defendant from liability.

Question 7

Defences- Consent

Answer 7

• If the claimant accepts the risks, then they will be deemed to have consented to them- absolving the defendant of liability.
• Peters v Prince of Wales Theatre.

Question 8

Defences- Act of god

Answer 8

• This defence may succeed where there are extreme weather conditions that no human foresight can provide against. Therefore, it is only available in the case of unforeseeable weather conditions.
• Nicholls v Marsland.

Question 9

Remedies- Damages case

Answer 9

• St Helens Smelting v Tipping.

Question 10

Remedies- Injunction

Answer 10

• Injunction is a preventative order stopping the defendant from doing something.
• Kennaway v Thompson.