Rylands v Fletcher Cases/Dates

Question 1

Rylands v Fletcher

Answer 1

definition of RvF tort (escape of a dangerous thing)

Question 2

Hunter v Canary Wharf

Answer 2

C proprietary interest

Question 3

Read v Lyons

Answer 3

D occupier of land & 5) land under D’s control

Question 4

Transco PLC v Stockport MBC

Answer 4

developed RvF tort further 6) non natural use - “extraordinary and unusual considering time and place” > “truly domestic use”

Question 5

Giles v Walker

Answer 5

1) brought & accumulated on D’s land

Question 6

Stannard v Gore

Answer 6

2) thing accumulated must escape

Question 7

Hale v Jennings

Answer 7

3) may not inherently dangerous but likely to cause mischief & 5) circumstances under D’s control

Question 8

Cambridge Water v EC Leather

Answer 8

4) reasonably foreseeable & 6) potentially dangerous

Question 9

Mason v Levy

Answer 9

6) non natural… large quantities

Question 10

Nichols v Marsland

Answer 10

defence, act of god (unforeseeable extreme weather)

Question 11

Dunne v North West Gas

Answer 11

defence, common benefit

Question 12

Perry v Kendricks

Answer 12

defence, act of a stranger (over which D had no control)

Question 13

Charing Cross Electricity v Hydraulic Power

Answer 13

defence, statutory authority

Question 14

Peters v Prince of Wales Theatre

Answer 14

defence, volenti non fit injuria (consents to risk, fully understands it> just aware and exercised free choice

Question 15

Rylands v Fletcher def

Answer 15

Anyone who brings onto his land and keeps there something likely to do mischief if it escapes, is answerable for all damage which is a natural consequence of its escape - Mr Justice Blackburn