Rylands v Fletcher

Overview

Recall questions on the rule in Rylands v Fletcher: bringing something onto land, likelihood of mischief, non-natural use after Transco, escape and Read v Lyons, foreseeability in Cambridge Water, the defences of statutory authority, consent, default of the claimant, common benefit, act of God and act of a stranger, and Shelfer on damages in lieu of an injunction.

What you need to know

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Questions from this subtopic

Each one with the model answer underneath.

1. 1

   How did Transco v Stockport MBC define non-natural use of land?

   Model answer

   Non-natural use means extraordinary or unusual use, not ordinary domestic use.

2. 2

   What does the rule in Rylands v Fletcher impose liability for?

   Model answer

   It imposes strict liability for damage caused by the escape of something brought onto land that is likely to cause mischief if it escapes.

3. 3

   What is the first requirement for liability under Rylands v Fletcher?

   Model answer

   The defendant must have brought something onto their land.

4. 4

   What must be shown about the thing accumulated for Rylands v Fletcher liability?

   Model answer

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

5. 5

   What must occur for Rylands v Fletcher liability regarding escape and damage?

   Model answer

   The thing must actually escape and cause foreseeable damage.

6. 6

   What does 'non-natural use of land' mean as a requirement for Rylands v Fletcher?

   Model answer

   The use of land must be extraordinary or unusual, not ordinary domestic use.

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