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What is Rylands v Fletcher concerned with?
Torts connected to land, specifically strict liability for escape of harmful substances.
What is the general rule regarding liability in tort?
There can be no liability without fault.
What are the essential parts of the rule in Rylands v Fletcher?
Something must have been collected on land, the use must be non-natural, it must be likely to do mischief if it escapes, and it must have escaped and caused damage.
What did the House of Lords hold in Rylands v Fletcher regarding liability?
The person who brings something likely to cause mischief onto their property must keep it at their peril.
What was the significance of the case Giles v Walker (1890) in Rylands v Fletcher?
There can be no liability for substances that are naturally present on the land.
What was ruled in the case Ellison v MOD (1997) regarding natural accumulation?
There is no liability for rainwater that accumulates naturally on the land.
What was established in Miles v Forest Granite Co (1918) regarding liability?
The thing kept on land can lead to escape of another object that causes damage.
In Musgrove v Pandells (1919), what was determined regarding non-natural use of land?
Using a garage to store a car with petrol was considered non-natural.
What did Rickards v Lothian (1913) conclude about non-natural use?
The provision of a proper water supply was not considered non-natural use of land.
How did Lord Porter in Read v J Lyons & Co Ltd (1947) define non-natural use?
All circumstances must be considered to determine whether the use is non-natural.
What was the outcome of Transco PLC v Stockport Metropolitan Borough Council (2004) regarding liability?
No liability arose because the normal supply of water did not create a special hazard.
What does the Cambridge Water Co Ltd v Eastern Counties Leather PLC (1994) case illustrate about foreseeability?
Claimants must show that the defendant should have foreseen potential damage.
What defences can be used in a Rylands v Fletcher claim?
Consent, Act of God, Act of a stranger, Statutory authority, Contributory negligence.
What does a claimant need to show to succeed in a Rylands v Fletcher claim?
Damage to or destruction of property due to escape of a substance.
In the scenario involving Newtown Recycling, what factor will Clarissa need to prove?
That Newtown Recycling's actions in storing oil and tyres constituted a breach of the Rylands v Fletcher rule.
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