The Rule in Rylands v Fletcher

Overview

Recall questions on the kind of liability imposed and on the elements: bringing the thing on, its mischief, and non-natural use.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What type of liability does the rule in Rylands v Fletcher impose?

   Model answer

   Strict liability for the escape of dangerous things from land.

2. 2

   What is the first element required to establish liability under Rylands v Fletcher?

   Model answer

   The defendant must have brought something onto their land.

3. 3

   What characteristic must the thing brought onto land possess for Rylands v Fletcher liability?

   Model answer

   The thing must be likely to do mischief if it escapes.

4. 4

   What type of land use must be shown for Rylands v Fletcher liability?

   Model answer

   There must be a non-natural use of land.

5. 5

   What must happen to the dangerous thing for Rylands v Fletcher liability to arise?

   Model answer

   The thing must escape and cause damage.

6. 6

   What does 'non-natural use of land' mean in the context of Rylands v Fletcher?

   Model answer

   A use that is extraordinary and unusual, not merely the ordinary use of land or a use for the general benefit of the community.

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