Tort: Rylands v Fletcher

Question 1

Intro

Answer 1

Strict liability tort. No mens rea

Question 2

4 elements to Rylands and Fletcher

Answer 2

1. Bringing into the land and an accumulation
2. Thing likely to cause mischief if it escapes
3. Which amounts to a non-natural use of the land
4. Which does escape and causes reasonably foreseeable damage to adjoining property

Question 3

The aim of the Rylands v Fletcher tort

Answer 3

Respond to pollution issues. Aims to protect the environment.

Easier to just use nuisance instead for a Rylands v Fletcher claim is often ignored

Question 4

Why is Rylands v Fletcher not needed

Answer 4

Most environmental issues are statutorily prevented now so no real need for private action