Tort Connected with Land - Rylands v Fletcher

Question 1

The claimant and defendant must both have …

Answer 1

Legal interest in the land

Question 2

1.

Answer 2

D brings it onto his land. D stores it on his land

Question 3

2.

Answer 3

2. It is an ‘unnatural’ use of land, Transco

Question 4

Transco

Answer 4

The councils water pipes leaked and exposed its gas pipes dangerously. It was held that the water pipes were a ‘natural’ use of land and we should now interpret natural as ordinary use of land

Question 5

3.

Answer 5

3. The stored item escapes, wyverne tyre

Question 6

Wyvern

Answer 6

Stored tyres caught fire. The fire damaged cs property.. It was held that the fire escaped and not the tyres.

Question 7

4.

Answer 7

4. Causing reasonably foreseeable damage to cs land, Cambridge Water

Question 8

Cambridge Water

Answer 8

D stored chemicals on his land which were deemed unnatural. But, the damage done to cs land was not reasonably foreseeable.

Question 9

Defence 1.

Answer 9

Volenti: consent is given from c to d to store item

Question 10

Defence 2.

Answer 10

Act of a stranger: Someone else caused the escape, Perry

Question 11

Perry

Answer 11

A child threw match into a petrol tank causing damage. D was not liable.

Question 12

Defence 3.

Answer 12

Act of god: unforeseen weather conditions, Nichols

Question 13

Nichols

Answer 13

Freak storm caused water to escape

Question 14

Defence 4.

Answer 14

Statutory Authority: Given legal permission

Question 15

Defence 5.

Answer 15

Contributory Negligence: Where c is partly responsible

Question 16

Remedies =

Answer 16

Damages can be awarded to C for property damage

NOT for personal injury