Rylands v Fletcher (Paper 2) Flashcards

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1
Q

What is the definition of the tort of Rylands v Fletcher

A

D brings something onto their land and stores it there, it escapes, and causes damage to C’s land

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2
Q

What does it mean that Rylands v Fletcher is a strict liability law

A

There is no defence just because D acted with care and attention

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3
Q

How many stages are there to claim

A

Four

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4
Q

What is stage 1 of Rylands

A

There must be a non-natural use of the land, which means D has brought something onto their property that was not naturally there

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5
Q

What is the definition of non-natural use under Transco v Stockport

A

A use which is ‘extraordinary and unusual’ or as a ‘special use bringing increased danger to others’

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6
Q

What is stage 2 of Rylands

A

There must be an escape of the thing brought onto the land

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7
Q

What is the ruling from Read v Lyons

A

There must be an escape from a place that D had occupation of, or control over, to a place outside their occupation or control

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8
Q

What is stage 3 of Rylands

A

There must be damage caused by the escape

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9
Q

What is Blackburn J’s quote in Rylands

A

D will be liable for all the damage which is the natural consequence of its escape

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10
Q

What is stage 4 of Rylands

A

The damage must be of a foreseeable type and not too remote (Cambridge Water)

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11
Q

When will the defence of Act of Third Party be available

A

If D was not able to reasonably foresee the actions of the third party and take steps to prevent them (Rickards v Lothian)

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12
Q

What is the definition of Act of God

A

Escape is due to natural causes that no human foresight could have guarded against

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13
Q

Which case says the defence rarely succeeds

A

Nichols v Marsland

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14
Q

What are the remaining defences used for Rylands

A

Statutory Authority, Default of the Claimant, Consent

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15
Q

What remedies are available

A

Compensatory damages

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