Topic 7.5: Rylands v Fletcher

Question 1

What are the defences for the tort?

Answer 1

1. Consent 2. Common Benefit 3. Necessity 4. Natural Disaster 5. Statutory Authority 6. Default of C 7. Act of Stranger

Question 2

What are the elements of the tort?

Answer 2

1. D brought onto land or allowed an accumulation of dangerous thing 2. Dangerous thing is likely to do mischief if it escapes 3. Foreseeability of the TYPE of damage 4. Non-natural use of land