32 Questions
What is the main difference between the tort of Rylands v Fletcher and the tort of trespass to land?
The type of damage recoverable
What was the defendant's activity in the 1860 Rylands v Fletcher case?
Building a reservoir
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 liable for any damage caused by its escape
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
In what year was the principle of Rylands v Fletcher restated by the House of Lords?
1868
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
What is a common context for disputes over the application of the rule?
Between property insurers and liability insurers
What type of activities are usually exempt from the rule?
Works or enterprises authorised by statute
Why is the rule not particularly strict?
Because it excludes liability for common reasons like vandalism and natural events
What can be inferred from cases where there is an escape not due to unusual natural events or third-party acts?
Negligence
What is a broad and ill-defined exception to the rule?
Natural uses of land
What is a notable aspect of the rule's history?
There has been no reported case of success since the second world war
What is a key factor in determining liability under Rylands v Fletcher?
Foreseeability of harm
In the case of Miles v Forest Rock Granite Co (Leicestershire) Ltd (1918), what was left on the land?
Explosives
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
What is the definition of 'non-natural use' in the context of Rylands v Fletcher?
Use that is unusual and extraordinary
What was the significance of the case of Transco plc v Stockport Metropolitan Borough Council (2004)?
It narrowed the rule in Rylands v Fletcher
Who can be sued under the rule in Rylands v Fletcher?
The owner, occupier, or whoever stores or collects the substance
What is the requirement for the non-natural use of land in Rylands v Fletcher?
The use must be extraordinary and unusual
What is the significance of the case of Cambridge Water v East Counties Leather?
It reviewed the status of Rylands v Fletcher
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
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
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.
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.
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.
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.
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.
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.
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.
What is the limitation of the rule in Rylands v Fletcher, according to Lord Bingham in Transco?
It only applies to damage to land.
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.
What is the defence of Act of God in Rylands v Fletcher?
Unforeseeable circumstances that caused the harm.
Test your understanding of the Rylands v Fletcher 1865 case, which deals with liability for damage caused by the escape of dangerous things from land. Learn about the key principles, including indirect interference, strict liability, and the differences from trespass to land and private nuisance.
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