Rylands V Fletcher

Question 1

Basic definition of Rylands V Fletcher

Answer 1

Person who for his own purpose brings on his land and collects and keeps there anything likely to do harm if it escapes has liabilty for it.

There is no exhaustive list, doesn’t matter if it’s hazardous unless it fits the criteria

Question 2

Who may sue?

Answer 2

Owner of land/chettels
Injured party?
Party suffering finicial loss

Question 3

Who may be sued?

Answer 3

Owner of land
Occupier of land
Party authorised by owner of land

Question 4

Elements needed: Accumulation

Answer 4

If it’s natural it doesn’t count - Giles v Walker

Question 5

Element needed: Escape

Answer 5

Read v Lyons - When had control in an area but no longer has control in another area. Preventing a thing which may inflict mischief from escaping from the area which defendant occupies

Question 6

Element Needed: Foreseeability within Escape

Answer 6

Cambridge Water v Eastern Counties - Foreseeability relevant type should be regarded as a prerequisite of liability in damages (likely to do mischief if it escapes)

Transco - If done something which has given rise to expectionally high risk of danger or mischief

Question 7

Element needed: Non natural user with escape

Answer 7

Transco - created a greater risk than normally associated

Question 8

Defences

Answer 8

Statutory authority 
Necessity 
CN
Consent of Claimant 
Natural Causes