rylands v fletcher scenario

Question 1

quick recap of requirements of rylands v fletcher

Answer 1

• a special form of nuisance- strict liability (only property not personal harm under R&f)

isolated escape from land (something that is not naturally occurring):
1. collected and kept on land
- Giles v Walker
- Miles v Forest granite

2. Non-natural (extraordinary use of land):
   - Rickards v Lothian
   - Cambridge Water v Eastern Countries Leather
   - Transco PLC v Stockport MBC
3. likely to do mischief if it escaped
   - Hale v Jennings bros
4. escaped and caused damage (remoteness):
   - Read v Lyons
   - Cambridge Water v Eastern Countries leather

defences:
act of god, act of a stranger (likely), contributory negligence, statutory authority, consent

Question 2

how to apply rylands

Answer 2

1. I- identify that your D (use the name) might be liable under the rule in Rylands v Fletcher for the isolated escape. it is SL, so no negligent conduct is required
2. D- Define R v F using the four requirements: collected, non-natural, mischief and remoteness
3. E: Explain the elements of Rylands and the defences using cases:
   - collected and kept on the land
   - non-natural
   - likely to do mischief if it escapes
   - escaped and caused damage (remoteness)
   - defences: act of god, act of stranger, contributory neglience, statutory authority, consent
4. A- Apply each element to the scenario

conclude

Question 3

example AO1 paragraph

Answer 3

I-
Gareth might be liable under Rylands V Fletcher for the incidents with the fireworks

D-
4 requirements: Something must have been collected an kept on the land, non-natural, likely to do mischief if it escaped, escaped and caused damage (the damage must not be too remote)

E-
Collected on the land- Giles v Walker, Miles v Forest Granite
Non-natural- Richards v Lothian, Cambridge Water, Transco v Stockport MBC
Likely to do mischief- Hale v Jennings Bros
Escapes and caused damage (remoteness)- Read v Lyons, Cambridge Water
Defences…

Question 4

example A02 paragraph

Answer 4

• identify the thing collected (fireworks)
• identify if it is not naturally found there (Giles v Walker)
• identify if the collected thing is non-natural (fireworks are non-natural like in Cambridge Water)
• identify if the item is likely to do mischief if they escaped- Hale v Jennings
• identify if there was any personal injury and that R v Fletcher does not cover this (transco) e.g. burns from fireworks
• identify if there was an escape e.g. smoke
• identify if the thing that escaped caused damage - potential issue is that it might be too remote Cambridge Water
• defence e.g. Act of Stranger