Rylands vs Fletcher

Question 1

What is the quote from Rylands vs Fletcher?

Answer 1

“A person who brings on his land and collects and keeps there anything likely to do mischief if it escapes, is liable, for all the damage which is the natural consequence of its escape”

Question 2

What are the 6 points to prove under R vs F

Answer 2

1. The defendant is the occupier of land and has control over it
2. There is an accumulation or storage
3. The thing is likely to cause mischief if it escapes (potentially dangerous)
4. There is an escape
5. The storage amounts to a non-natural use of land
6. The type of damage is foreseeable

Question 3

What is the case for point 1 (Control/Occupier)?

Answer 3

Weller & Co vs Foot and Mouth Disease Research Institute

Question 4

What is the POL from Weller & Co vs Foot and Mouth Disease Research Institute?

Answer 4

Claim under R v F failed as they had no interest in the land where the virus spread to

Question 5

What is the main case for Point 2 (Accumulation)?

Answer 5

Mason vs Levy Auto Parts

Question 6

What is the POL from Mason vs Levy Auto Parts?

Answer 6

Petroleum and paints were stored in large quantities so an accumulation was present

Question 7

What is the main case for Point 3 (Mischief/Dangerous)?

Answer 7

Hale vs Jennings Bros

Question 8

What is the POL from Hale vs Jenning Bros?

Answer 8

A chair-o-plane in a fairground flew off and damaged adjoining land which is inherently dangerous if it escapes

Question 9

What is the main case from Point 4 (Escape)?

Answer 9

Stannard vs Gore

Question 10

What is the POL from Stannard vs Gore?

Answer 10

It was the fire that had escaped and not the accumulation of tyres so there was not an escape

Question 11

What is the main case from Point 5 (Non-natural use of land)?

Answer 11

Cambridge Water vs Eastern Counties Leather

Question 12

What is the POL from Cambridge Water vs Eastern Counties Leather?

Answer 12

The storage of chemicals on an industrial premises were seen as a ‘classic case of non-natural use’

Question 13

What did Transco vs Stockport state?

Answer 13

That the ‘ordinary user’ test is a preferable test to natural user

Question 14

When is something more likely to be a non-natural use and what is the case to use for this?

Answer 14

If something is stored in large quantities - Mason vs Levy Auto Parts

Question 15

Can public benefit be considered for non-natural use?

Answer 15

Sometimes

Question 16

What is the case for public benefit under non-natural use?

Answer 16

British Celanese vs Hunt

Question 17

What is the POL from British Celanese vs Hunt?

Answer 17

It was held that the use of land was natural, partly due to the benefit of manufacture so they weren’t liable

Question 18

What else did Transco vs Stockport confirm under damage?

Answer 18

That R vs F will not include claims for personal injury

Question 19

What is the main case and POL for Point 6 (Damage)?

Answer 19

Cambridge Water vs Eastern Counties Leather - “The defendant must have known or ought to have reasonably foreseen that damage of the relevant type”

Question 20

What are the 5 potential defences for R vs F?

Answer 20

1. Act of God
2. Act of a Stranger
3. Volenti
4. Statutory Authority
5. Contributory Negligence

Question 21

What is the case and POL for Act of God?

Answer 21

Nichols vs Marsland - As the thunderstorm was classed as the worst in living memory it was counted as an act of god

Question 22

What is the case and POL for Act of a Stranger?

Answer 22

Perry vs Kendricks Transport - A stranger removed the fuel cap which inherently caused the child to get injured so they weren’t liable

Question 23

What is the case and POL for Volenti?
R vs F

Answer 23

Peters vs Prince of Wales Theatre - The claimant agreed to the sprinkler system when signing the lease so they consented to the damage meaning defence under Volenti was successful

Question 24

What is statutory authority?

Answer 24

Where an act of parliament authorises the defendants action

Question 25

What is the case and POL for Statutory Authority?

Answer 25

Green vs Chelsea Waterworks - Not liable as obliged by statute to maintain a water supply and occasional bursts were inevitable

Question 26

What is the case and POL for Contributory Negligence?

Answer 26

Sayers vs Harlow DC - There were other options she could’ve taken that were less negligent so her damages were reduced by 25% as she was 25% to blame for her injuries