Chapter 13 Self-test questions

. Which of the following best describes the tort in Rylands v Fletcher?

It was formerly a strict liability tort but has now been substituted by statutory provisions.

It is substantially similar to the tort of negligence in its requirements for duty of care and proof of damage.

It is a strict liability tort which has been supplanted by some statutory provisions and the requirement for a degree of foreseeability.

It is indistinguishable from nuisance in all but name.

. Which of the following is not a required ingredient for an action in Rylands v Fletcher?

Non-natural user of land.

Evidence of physical injury or property damage suffered by the claimant.

A substance in use which, though not dangerous in itself, may be dangerous if it escapes.

An escape from the defendant's property.

. Which of the following is the best definition of non-natural user?

That which the established body of right-thinking citizens would consider inappropriate.

That which the majority of judges would find unreasonably dangerous.

Some special use bringing with it increased danger to others ... not merely the ordinary use of land.

That which is not within the use intended by nature.

. Which case is the odd one out?

Mason v Levy Autoparts

Transco plc v Stockport Metropolitan Borough Council

Giles v Walker

Rickards v Lothian

. Which of the following tort actions does not frequently overlap with the action in Rylands v Fletcher?

Nuisance.

Negligence.

Trespass to land.

. The 'mischievous thing' which is collected must be the thing which escapes in order to found an action in Rylands v Fletcher.

True

False

. Which of the following statements is not true of Cambridge Water v Eastern Counties Leather?

For liability to be found there must be reasonable foreseeability of the escape.

Storage of chemicals on the light industrial site constituted non-natural user of land.

For liability to be found there must be reasonable foreseeability of the type of damage which occurred.

Rylands v Fletcher was described as an extension of the law of nuisance.

. Which of the following defences to the action in Rylands v Fletcher is least important in practice?

Statutory authority.

Action of an unknown third party.

Act of God.

Consent of the claimant.

. Ted and Max were walking home from the pub one night when they came upon the remains of a small bonfire burning in Sylvia's back garden. Max dared Ted to toss his half-full can of beer onto the bonfire and Ted did so. It caused a small explosion which threw burning rubbish onto the fence belonging to Sylvia's neighbour Denzil. Ted and Max ran away.
Denzil wants to bring legal action against Sylvia for the damage to his fence. What advice would you give him?

An action in Rylands v Fletcher would be his best option, as fire escaped from his land onto hers.

An action in Rylands v Fletcher would not be advisable as the fire spread due to the act of an unknown third party.

An action in Rylands v Fletcher would not be advisable because the tort is never applicable in the case of spread of fire.

An action in negligence would be impossible because the wrong which occurred related to use and enjoyment of land.

. Which of the following statements best summarises Lord Bingham's views on Rylands v Fletcher, derived from his speech in Transco?

The Australian approach from Burnie Port Authority v General Jones Pty Ltd should be followed in English law.

Rylands v Fletcher should be maintained as a sub-species of nuisance.

Rylands v Fletcher applies to too wide a range of situations and needs to be restricted.

The range of defences available in Rylands v Fletcher actions could usefully be developed.

. A claimant in a Rylands v Fletcher action must have an interest in land.

True

False

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