Tort Law - The Rule in Rylands v Fletcher

Question 1

Cambridge Water v Eastern Counties judgment on presence of substance

Answer 1

Chemicals classic example of non-natural use - look at natural process of it getting there

Question 2

What was the interpretation of the presence of the substance at the HoL in Rylands?

Answer 2

‘Non-natural’ use

Question 3

Perry v Kendrick general

Answer 3

Petrol tank, boys

Question 4

What is the enterprise theory of liability?

Answer 4

Policy requiring costs of a non-natural enterprise to be internalised and borne by the responsible party

Question 5

What does an act of god need to be?

Answer 5

Overwhelming and extraordinary natural event

Question 6

What kind of liability is in the rule in Rylands?

Answer 6

Strict

Question 7

Read v Lyons general

Answer 7

Explosives factory

Question 8

What judge in what case gave the ‘not naturally there’ test as something you could be expected to insure against?

Answer 8

Lord Hoffman in Transco plc v Stockport

Question 9

Rylands v Fletcher general

Answer 9

Reservoir, mineshafts

Question 10

Water pipe

Answer 10

Transco plc v Stockport

Question 11

Transco plc v Stockport general

Answer 11

Water pipe

Question 12

Why is the confirmation in Transco plc v Stockport of Rylands as a particular application of nuisance to isolated escapes problematic?

Answer 12

Cambridge water happened over a period of time

Question 13

Borehole PCE

Answer 13

Cambridge Water v Eastern Counties

Question 14

Transco plc v Stockport on damages

Answer 14

Rules on standing and damages same as for negligence

Question 15

Perry v Kendrick judgment

Answer 15

No liability under Rylands because deliberate act of a 3rd

Question 16

What case gives no liability under Rylands for deliberate act of 3rd

Answer 16

Perry v Kendrick

Question 17

What judge in Read v Lyons gave the ‘non-natural’ use interpretation?

Answer 17

Lord Macmillan

Question 18

How did Read v Lyons justify the need for the substance to escape?

Answer 18

Rylands is already an exception to the general rule of fault-based liability

Question 19

Ryeford v Sevenoaks general

Answer 19

PEL

Question 20

What is the main reason Goff rejects enterprise theory of Rylands?

Answer 20

Law Com failed to recommend such a proposal

Question 21

What did Goff reject in regard to foreseeability in Cambridge Water v Eastern Counties?

Answer 21

D not liable for continuing escape now it was foreseeable as he could do nothing

Question 22

Ryeford v Sevenoaks judgment

Answer 22

Claim for PEL only if consequential upon property damages

Question 23

What judge in what case rejected the enterprise theory of Rylands?

Answer 23

Goff in Cambridge Water v Eastern Counties

Question 24

Burnie Port v General Jones general

Answer 24

Australia Rylands

Question 25

Cambridge Water v Eastern Counties general

Answer 25

Borehole PCE

Question 26

Requirements for Rylands

Answer 26

Accumulation of a dangerous substance on D's land, substance not naturally present, escape and damage

Question 27

What judge in what case suggested Rylands is the beginning of an 'enterprise liability' theory?

Answer 27

Hoffmann in Transco v Stockport

Question 28

Transco v Stockport on Burnie Port v General Jones

Answer 28

Rejected assimilation of Rylands with negligence

Question 29

Cambridge Water v Eastern Counties remoteness

Answer 29

KIND of damage (not escape) reasonably foreseeable

Question 30

Transco plc v Stockport judgment on presence of substance

Answer 30

Natural use of land - per Hoffmann, something you expect to insure yourself against

Question 31

What are the two possible defences to Rylands

Answer 31

Deliberate acts of a 3rd and act of god

Question 32

What was the interpretation of the presence of the substance at the first level in Rylands?

Answer 32

Not naturally there

Question 33

Why did Rylands not apply in Read v Lyons?

Answer 33

No escape and exactly what you'd expect - no 'non-natural use'

Question 34

What case gave the remoteness rule for Rylands?

Answer 34

Cambridge Water v Eastern Counties

Question 35

What judge in Rylands gave the requirements for the rule?

Answer 35

Blackburn J

Question 36

Read v Lyons on damages

Answer 36

No claim for personal injury

Question 37

What case confirmed Rylands is a specific application of nuisance to isolated escapes?

Answer 37

Transco plc v Stockport

Question 38

Why is the rule in Rylands attractive to C?

Answer 38

Strict liability

Question 39

Burnie Port v General Jones judgment

Answer 39

Assimilating Rylands with negligence

Question 40

Read v Lyons on presence of substance

Answer 40

'Non-natural' use

Question 41

What case showed rules on standing and damages same as for negligence?

Answer 41

Transco plc v Stockport

Question 42

What case showed no claim for personal injury in Rylands

Answer 42

Read v Lyons