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WalesLegal StudiesQuick questions
The Law of Tort
Quick questions on Private nuisance and the rule in Rylands v Fletcher - WJEC A-Level Law
4short 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 imposes strict liability: a person who, for their own purposes, brings onto and keeps on their land something likely to do mischief if it escapes is liable for the damage caused by its escape, where the use is non-natural. The requirements are: accumulation of the thing on the land; the thing is dangerous (likely to do mischief); an escape; and a non-natural use (restated in Transco v Stockport as an extraordinary and unusual use). The damage must be of a reasonably foreseeable type (Cambridge Water). Defences include act of a stranger, act of God, statutory authority and consent.
What is q1?Show answer
What interest must a claimant have to sue in private nuisance? [1 mark]
What is q2?Show answer
Name the four requirements of the rule in Rylands v Fletcher. [4 marks]
What is q3?Show answer
Advise a claimant whose enjoyment of land has been interfered with by a neighbour. [20 marks]
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