Rylands V Fletcher

Question 1

Rylands v fletcher is a ……. ……….. offence.

Parties to claim are those who’s land has been ……… with. As seen in the case of …..

Answer 1

Rylands v fletcher is a strict liability offence.

Parties to claim are those who’s land has been interfere with. As seen in the case of Lyons

Question 2

Step 1; The …… onto …..

There must be a ………. onto ….. of . ………which is not …….. ……..as seen in the case of …….

If something …….. ………… onto the ……. there will be no liability

Answer 2

Step 1; The bringing onto land

There must be a bringing onto land of substance which is not naturally present as seen in the case of Giles

If something is naturally accumulating onto the land there will be no liability

Question 3

Step 2 A ……. likely to do ……. if it ………

The ……. bought onto land must be ……. to do ………. if it………..

It may not be ………. ………. and this is a test of ……… As seen in the case of …….

Answer 3

Step 2 A thing likely to do mischief if it escapes

The thing bought onto land must be likely to damage if it escapes.

It may not be inherently dangerous and this is a test of foreseeability. As seen in the case of Hale.

Question 4

Step three …. - ……… use of the land

This changes over time due to …………. advancements

… - ………. refers to an ………… or ……… use of the land

Answer 4

Step three non-natural use of the land

This changes over time due to technological advancements

Non-natural refers to an extraordinary or unusual use of the land

Question 5

Step four e……..

The ……. …….. must ………. from one property to an ……… one

The damage must be ……… and not to ……..

Case in point is ……..

Answer 5

Step four escape

The stored item must escape from one property to an adjourning one

The damage must be foreseeable and not to remote

Case in point is Gore