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Questions and Answers
What must the defendant have done in order to be liable under the principle in Rylands v Fletcher?
What must the defendant have done in order to be liable under the principle in Rylands v Fletcher?
- Brought something man-made or accumulated onto the land (correct)
- Brought something naturally occurring onto the land
- Prevented something from escaping their land
- Used their land in a natural way
What characterizes the defendant's use of land in the context of Rylands v Fletcher?
What characterizes the defendant's use of land in the context of Rylands v Fletcher?
- Public use
- Commercial use
- Natural use
- Non-natural use (correct)
Which of the following is a potential defense for the defendant in Rylands v Fletcher?
Which of the following is a potential defense for the defendant in Rylands v Fletcher?
- Contributory negligence
- Consent of the plaintiff
- Statutory authority
- Acts of God (correct)
What kind of damage must occur for a claim under Rylands v Fletcher to succeed?
What kind of damage must occur for a claim under Rylands v Fletcher to succeed?
Which of the following is a remedy available in a claim under Rylands v Fletcher?
Which of the following is a remedy available in a claim under Rylands v Fletcher?
Study Notes
Rylands v Fletcher
- In this case, there are two parties involved in the action.
- The defendant is responsible for bringing something to the land, which is either man-made or accumulated.
- The defendant's use of their land is considered "non-natural", meaning it is not a typical or expected use.
- The thing brought to the land is likely to cause harm or mischief if it escapes.
- The thing does escape and causes physical damage to the surrounding area.
- There are two potential defences to this action: "acts of God" (unforeseen natural events) and "acts of a stranger" (actions of a third party).
- There are three possible remedies available: injunctions (stopping the harmful activity), damages (monetary compensation), and abatements (removing the harmful thing).
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Description
This quiz covers the key aspects of the Rylands v Fletcher case, including the parties involved, the defendant's actions, and the remedies available. Test your knowledge of this landmark tort law case.
