Tort (Nuisance - Rylands v Fletcher)

Question 1

What losses can be claimed under ‘Rylands v Fletcher’?

Answer 1

YES - (1) Property Damage (2) CEL
NO - (2) PI (2) CEL

Question 2

What are the 5 elements to bring a claim under ‘Rylands v Fletcher’?

Answer 2

(1) D BRINGS ONTO THEIR LAND
(2) Anything LIKELY CAUSE MISCHIEF (Harm) IF IT ESCAPES
(3) ESCAPES from D’s land to C’s land
(4) Causes Harm that is FORESEEABLE
(5) NON-NATURAL USE OF LAND

Question 3

An element of a claim in ‘R v F’ is ‘ Anything LIKELY CAUSE MISCHIEF (Harm) IF IT ESCAPES’.

What are 3 examples of items that are likely to cause ‘mischief’ and is the standard a high one?

Answer 3

HIGH STANDARD
(1) Acid
(2) Explosives
(3) Industrial water

Question 4

An element of a claim in ‘R v F’ is ‘ ESCAPES from D’s land to C’s land’.

What must this escape be to claim under the rules in ‘R v F’ rather than private nuisance?

Answer 4

One-off

Question 5

An element of a claim in ‘R v F’ is ‘Causes Harm that is FORESEEABLE’.

(1) What does ‘Foreseeable’ refer to?
(2) What must the ‘Harm’ be?

Answer 5

(1) Harm (NOT escape)
(2) Same type - e.g. PD

Question 6

An element of a claim in ‘R v F’ is ‘NON-NATURAL USE OF LAND’.

(1) When defining ‘Natural’ what is used?
(2) Give an example of this?

Answer 6

(1) Context of land
(2) Industrial v Residential Land

Question 7

What are the 7 DEFENCES to a claim in ‘R v F’

Answer 7

(1) ACT / DEFAULT C
(2) COMMON BENEFIT
(3) STATUTORY AUTHORITY
(4) CONSENT
(5) CONTRIBUTORY NEGLIGENCE
(6) ACT OF A THIRD PARTY (STRANGER)
(7) ACT OF GOD

Question 8

A defence for a claim under ‘R v F’ is ‘Act / Default of C’.

What must this be to be valid?

Answer 8

the SOLE cause of the harm

Question 9

A defence for a claim under ‘R v F’ is ‘Common Benefit’
(1) What does this mean?
(2) Give an example?

Answer 9

(1) D obtains benefit / use of substance
(2) Sprinkler system across D and C’s land

Question 10

A defence for a claim under ‘R v F’ is ‘Statutory Authority’, what is the 2 part test of this?

Answer 10

(1) Nuisance INEVITABLE CONSEQUENCE of activity AND
(2) REASONABLE CARE taken

Question 11

A defence for a claim under ‘R v F’ is an ‘Act of Third Party (stranger). What must this be?

Answer 11

Unforeseeable

Question 12

A defence for a claim under ‘R v F’ is an ‘Act of God’. What 2 things must this be?

Answer 12

(1) Exceptional
(2) NOT Foreseeable

Question 13

What is the purpose of ‘Damages’ in a claim under ‘R v F’?

Answer 13

Put C in the position they would have been in had the NUISANCE NOT OCCURRED