Tort Law - Rylands V Fletcher

Question 1

What type of law is Rylands v fletcher?

Answer 1

strict liability & dissenting judgement

Question 2

What year was Ryland’s?

Answer 2

1868

Question 3

What did lord cranworth say?

Answer 3

” It a person brings, or accumulates, on his land anything which it it should escape, may cause damage to his neighbor he does so at his peril. If it does escape, and cause damage, he is responsible, however careful he may have been and whatever precautions he may have taken “

Question 4

Ellison v ministry of defence

Answer 4

Accumulation - must be kept there ‘ artificially’

Question 5

Giles v walker

Answer 5

accumulation - can’t be natural

Question 6

Dunne v north west gas board

Answer 6

the thing must be accumulated for the defendants purposes

Question 7

miles v forest rock granite

Answer 7

the thing that escapes need not be the thing accumulated

Question 8

Shiffman V grand priory

Answer 8

Mischief it escapes - flagpole isn’t dangerous

Question 9

Lord Hoffman

Answer 9

Hunter v canary wharf decided that nuisance is a tort against land. It must follow that damages for personal injury are not recoverable

Question 10

British celaneese v AV hunt

Answer 10

The escape must be from a ser or circumstances our which the defendant has control to a set where my down

Question 11

Read v Lyon’s

Answer 11

Injury inflicted during accumulation wont invoke liability

Question 12

Transco V Stockport

Answer 12

Non natural use of land must be extraordinary or unusual

Question 13

Weller v foot and mouth disease

Answer 13

remoteness - no liability for pure economic loss