Tort - Rylands v Fletcher TBD

Question 1

Definition

Answer 1

Where a person’s property is damaged or destroyed by the escape of non-naturally stored material onto adjoining property.

Question 2

Claimant and Defendant

Answer 2

C: Anyone with a legal interest in the land
D: Owner/occupier of land - assumed to have effective control

Question 3

Step 1: Bringing onto the land and an accumulation

Answer 3

• Cannot be liable for something naturally present (Giles v Walker)
• Cannot be liable for something that accumulates naturally (Ellison v MoD)

Question 4

Step 2: Likely to do mischief if it escapes

Answer 4

• Liable if risk of injury is foreseeable IF the thing escapes (Hale v Jennings Bros)
• No longer applies to personal injury (Transco v Stockport MBC)
• Can be liable for accumulating things that are a known fire risk (LMS International v Styrene Packaging)