10 Questions
Defendant brought something to the ______: Man made/accumulated
land
Defendant made a "non-natural" use of their ______
land
The thing was something likely to do mischief if it ______
escaped
It did escape and caused physical ______
damage
The 2 defences are acts of God and acts of a ______
stranger
What type of land use did the defendant make according to the Rylands v Fletcher case?
non-natural use
What can act as a defense in Rylands v Fletcher if the defendant had no control over someone's actions?
acts of a stranger
Which of these is not a remedy in Rylands v Fletcher?
specific performance
Why is it important in Rylands v Fletcher that something is likely to do mischief if it escapes?
It emphasizes foreseeability of harm.
Which of these actions by the defendant does Rylands v Fletcher emphasize?
Bringing something unusual onto the land
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).
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).
This quiz is about the Rylands v Fletcher law case, which involves a defendant's non-natural use of land leading to harm or mischief. Test your understanding of this important legal precedent.
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