Rylands V Fletcher P2

Question 1

Why was Rylands v Fletcher aspect of law created

Answer 1

To readdress damage caused by increasing industrialisation

Question 2

When may the C claim under the tort of Rhylands v Fletcher

Answer 2

When D is liable if, on his land, he accumulates a dangerous thing in the course of a non-natural use of his land. The thing must escape and cause reasonably foreseeable damage

Question 3

What happened in the case of Rylands v Fletcher

Answer 3

Reservoir water leaked into mineshaft causing damage

Question 4

What type of tort is Rhylands v Fletcher

Answer 4

A strict liability tort - D is liable of an act of an IC even though no fault has happened on his part
Land based tort

Question 5

What are the CADNER principles to establish this

Answer 5

C’s legal position
Accumulation
Dangerous thing
Non-natural use
Escape
Reasonably foreseeable damage

Question 6

What is meant by C’s legal position to establish Rylands v Fletcher

Answer 6

C should have legal interest in the land, if not then they cannot claim under Rhylands and Fletcher

Question 7

Which case shows that C must have a legal interest in the land to claim under Rylands and Fletcher (same as Nuisance)

Answer 7

Hunter v Canary Wharf - Tv signal

Question 8

What is meant by Accumulation as a factor of CADNER to establish Rylands v Fletcher

Answer 8

D must bring onto his land an accumulation of the substance that escaped
Does not cover natural accumulation e.g lakes, unless they have escaped because of a non-natural process

Question 9

Which case is used for an Accumulation of a natural substance

Answer 9

Giles v Walker - naturally occuring thistles

Question 10

What is meant by a Dangerous thing for Rhylands v Fletcher

Answer 10

The substance must be dangerous - ‘something likely to do mischief if it escapes’

Question 11

Which case is used to show a Dangerous thing on a fair ground

Answer 11

Hales v Jennings Bro - fair ground attraction chair flew off ride

Question 12

What is meant by Non-natural use as a part of CADNER for Rylands v Fletcher

Answer 12

A use which is not common place

Question 13

Which case is used for Non-natural use which involved a tap overflowing causing damage

Answer 13

Rickards v Lothian

Question 14

Which case updated the Non-natural use phrase to ‘extra ordinary and unusual circumstances’

Answer 14

Transco PLC v Stockport MBC

Question 15

Which case involved a leakage into a borehole and is used to show a Non-natural use

Answer 15

Cambridge water v Eastern Countries Leather

Question 16

What is meant by Escape as a part of CADNER for Rylands v Fletcher

Answer 16

Must show that dangerous substances escaped - must move from Ds land which they have control over to land which they do not

Question 17

Which case is used to show Escape part of CADNER and involved exploding shells still in Ds munitions factory so did not ‘escape’

Answer 17

Read v Lyons

Question 18

Which case involved a fire escaping but the dangerous thing that caused it did not for the Escape part of CADNER

Answer 18

Stannard v Gore

Question 19

What is meant by Reasonable foreseeable damage as the last factor of CADNER

Answer 19

Personal damage cannot be claimed for
Property damage can be claimed for

Question 20

Which case is used for Reasonable foreseeable damage for Rylands v Fletcher

Answer 20

Cambridge water V Eastern countries Leather - leakage into borehole

Question 21

How many defences are there for Rylands and Fletcher

Answer 21

3

Question 22

What are the 3 defences in Rylands v Fletcher

Answer 22

Act of a stranger
Act of god
Statutory Authority

Question 23

What is ‘Act of a stranger’ as a defence

Answer 23

If escape is caused by the deliberate and unseen act of a stranger = D not liable

Question 24

What case is used for the defence of ‘Act of a stranger’ and involved a tenant leaving a tap running in a block of flats

Answer 24

Rickards v Lothian

Question 25

What case is used for the defence of ‘Act of a stranger’ and involved a lit match being thrown into a petrol tank

Answer 25

Perry v Kendricks Transport

Question 26

What is the defence of an ‘Act of god’

Answer 26

Natural events so powerful that precautions would not have prevented it
D could not stop it therefore not liable

Question 27

What case is used for the defence of an ‘Act of god’ and involves a rainstorm caused embankment to collapse

Answer 27

Nicholas v Marsland

Question 28

What is the defence of Statutory Authority

Answer 28

Is escape is authorised activities by an Act of Parliament = D not liable

Question 29

What case is used to show the defence of Statutory Authority and involved the right to maintain water supply on land

Answer 29

Green v Chelsea Waterworks Co