Rylans v Feltcher

Question 1

rylands v fletcher

Answer 1

water escaped from newly constructed reservoir through a disused mineshaft into the claimants mine.
“a person who brings on his land and collects and lees 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 6 things do you need to prove under rylands v fletcher

Answer 2

d has control over the land
there is an accumulation
the things is likely to cause mischief if it is escapes
there is an escape
storage amounts to a non natural use of land
type of damage is foreseeable

Question 3

what do you need to have in the land (for control/occupier)

Answer 3

an interest in the land- must own or rent it

Question 4

wells & co v foot and mouth disease research institute

Answer 4

virus escaped- ban placed on movement of local live stock. c were cattle auctioneers and sued for loss of income. held their action in r v f failed as they had no interest in the land the virus spread to

Question 5

smith v scott (r v f)

Answer 5

local authority let a house to a homeless family, on condition they wouldnt cause trouble. next door neighbor tried to sue the la under r v f. failed la had no control.

Question 6

rigby v chief constable of northampton

Answer 6

police, attempting to capture a psychopath, were parked in a van and released CS gas into a shop where he was. shop set on fire. r v f applied even tho they were on the highway