Rylands v Fletcher 1865 Case: Liability for Damage Caused by Escape of Dangerous Things

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What is the main difference between the tort of Rylands v Fletcher and the tort of trespass to land?

The type of land invaded

The level of fault required to be proven

The type of damage recoverable (correct)

The type of interference involved

What was the defendant's activity in the 1860 Rylands v Fletcher case?

Building a reservoir (correct)

Operating a nuisance

Building a house

Mining for coal

What is the key principle established in the Rylands v Fletcher case, as stated by Blackburn J?

The person who brings a dangerous thing onto their land is not liable for any damage caused by its escape

The person who brings a dangerous thing onto their land is only liable if they benefit from its accumulation

The person who brings a dangerous thing onto their land is only liable if they are negligent

The person who brings a dangerous thing onto their land is liable for any damage caused by its escape (correct)

What is the term used to describe the type of use of land that is required for liability under Rylands v Fletcher?

Non-natural use Signup and view all the answers

In what year was the principle of Rylands v Fletcher restated by the House of Lords?

1868 Signup and view all the answers

What type of things are likely to do mischief if they escape, according to the list at page 317 of the textbook?

All of the above Signup and view all the answers

What is a common context for disputes over the application of the rule?

Between property insurers and liability insurers Signup and view all the answers

What type of activities are usually exempt from the rule?

Works or enterprises authorised by statute Signup and view all the answers

Why is the rule not particularly strict?

Because it excludes liability for common reasons like vandalism and natural events Signup and view all the answers

What can be inferred from cases where there is an escape not due to unusual natural events or third-party acts?

Negligence Signup and view all the answers

What is a broad and ill-defined exception to the rule?

Natural uses of land Signup and view all the answers

What is a notable aspect of the rule's history?

There has been no reported case of success since the second world war Signup and view all the answers

What is a key factor in determining liability under Rylands v Fletcher?

Foreseeability of harm Signup and view all the answers

In the case of Miles v Forest Rock Granite Co (Leicestershire) Ltd (1918), what was left on the land?

Explosives Signup and view all the answers

What was the outcome of the case of Stannard (t/a Wyvern Tyres) v Gore (2012)?

The defendant was not held liable under Rylands v Fletcher Signup and view all the answers

What is the definition of 'non-natural use' in the context of Rylands v Fletcher?

Use that is unusual and extraordinary Signup and view all the answers

What was the significance of the case of Transco plc v Stockport Metropolitan Borough Council (2004)?

It narrowed the rule in Rylands v Fletcher Signup and view all the answers

Who can be sued under the rule in Rylands v Fletcher?

The owner, occupier, or whoever stores or collects the substance Signup and view all the answers

What is the requirement for the non-natural use of land in Rylands v Fletcher?

The use must be extraordinary and unusual Signup and view all the answers

What is the significance of the case of Cambridge Water v East Counties Leather?

It reviewed the status of Rylands v Fletcher Signup and view all the answers

What is the condition for liability under Rylands v Fletcher, according to Lord Bingham in Transco?

The defendant must have recognised the risk of danger or mischief Signup and view all the answers

What is the effect of the Fire Prevention (Metropolis) Act 1774, S 86?

It prevents action from being taken against a person for accidental fire Signup and view all the answers

What is the significance of the case Murgrove v Pandelis (1919) in the context of Rylands v Fletcher?

It highlighted the importance of proper safety measures in preventing accidents. Signup and view all the answers

What is the effect of the Act of an unknown third party (novus actus interviniens) on the defendant's liability in Rylands v Fletcher?

It provides a defence for the defendant. Signup and view all the answers

In what circumstances can a defendant deny liability under Rylands v Fletcher?

If the actions of the party responsible for the escape are known to the claimant. Signup and view all the answers

What is the significance of the case Dunn v Birmingham Canal Navigation Co (1872) in Rylands v Fletcher?

It showed that the claimant's actions can contribute to the harm. Signup and view all the answers

What is the effect of the consent of the claimant on the defendant's liability under Rylands v Fletcher?

It provides a defence for the defendant. Signup and view all the answers

What is the significance of the Water Industry Act 1991 in relation to Rylands v Fletcher?

It specified where responsibility for the escape of water lies, overriding Rylands v Fletcher. Signup and view all the answers

What is the view of Lord Goff on the development of the rule in Rylands v Fletcher?

It is more appropriate for Parliament to impose strict liability through statute. Signup and view all the answers

What is the limitation of the rule in Rylands v Fletcher, according to Lord Bingham in Transco?

It only applies to damage to land. Signup and view all the answers

What is the significance of the case Gore v Stannard (2012) in relation to Rylands v Fletcher?

It showed that the Act in Rylands v Fletcher does not provide assistance in cases where Rylands applies. Signup and view all the answers

What is the defence of Act of God in Rylands v Fletcher?

Unforeseeable circumstances that caused the harm. Signup and view all the answers