Rylands V Fletcher (RVF): Liability

Question 1

What does strict liability mean?

Answer 1

D will be liable even if they tried there best to not allow the dangerous thing to escape or didn’t know about it.

Question 2

What must C have and D have to do with the land?

Answer 2

C- C must have a proprietary interest in the land concerned.

D- D must be the occupier of the land or accumulator of the dangerous thing.

Question 3

What is Factor 1 in RvF? Give a case example.

Answer 3

The dangerous thing must be brought and accumulated on D’s land. Giles Vs Walker.

Question 4

What is Factor 2 in RvF? Give a case example.

Answer 4

The thing that accumulates must itself be the thing that escapes and causes damage. Stannard Vs Gore.

Question 5

What is Factor 3 in RvF? Give a case example.

Answer 5

The thing need not be inherently dangerous, but must be likely to cause mischief if it escapes. Hale Vs Jennings.

Question 6

What is Factor 4 in RvF? Give a case example.

Answer 6

Damage must be caused and the damage must be reasonably foreseeable. Cambridge Water Vs EC Leather.

Question 7

What is Factor 5 in RvF? Give a case example.

Answer 7

The thing must escape from D’s land over which they have control, or escape from circumstances over which they have no control. Read Vs Lyons.

Question 8

What is Factor 6 in RvF? Give a case example.

Answer 8

The use of land must be non-natural. Mason Vs Levy.