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EnglandLegal StudiesQuick questions
The Law of Tort (Components 2 and 3)
Quick questions on Nuisance and Rylands v Fletcher - Eduqas A-Level Law Component 2
3short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the rule in Rylands v Fletcher?Show answer
The rule in Rylands v Fletcher is a form of strict liability (no need to prove negligence). The elements are: the defendant brings onto and keeps on the land something likely to do mischief if it escapes (here, water in a reservoir); the use of the land is non-natural (a special, extraordinary use bringing increased danger, not an ordinary use); the thing escapes from the defendant's land; and the damage is of a reasonably foreseeable type (Cambridge Water Co v Eastern Counties Leather added the foreseeability requirement). In Transco v Stockport MBC the House of Lords confined the rule to exceptional cases of non-natural use carrying a recognised risk of danger if the thing escapes, treating it as a sub-species of nuisance. Defences include an act of a stranger, an act of God, the claimant's own fault, consent, and statutory authority.
What is q1?Show answer
Explain the factors a court considers in deciding whether there is an actionable private nuisance. [10 marks]
What is q2?Show answer
A reservoir built on a farm bursts and floods a neighbour's mine. Advise the neighbour on a claim under the rule in Rylands v Fletcher. [20 marks]
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