Rylands Rules

Q1 Best Answer: A

A claim under Rylands v Fletcher requires, among other things, a non-natural use of land, the escape of a dangerous thing, and resulting damage. Industrial oil is capable of causing damage if it escapes, but liability will only arise if storing the oil in the quantity and manner involved amounts to a non-natural use of land.

Why the other answers are wrong:

B. Incorrect. Rylands v Fletcher is a form of strict liability, so negligence is not required.

C. Incorrect. Escape and damage alone are not sufficient. The claimant must also establish the other requirements, including non-natural use.

D. Incorrect. Oil can be regarded as a dangerous thing because it is capable of causing foreseeable damage if it escapes.

E. Incorrect. The escape requirement is satisfied even if the oil passes through a stream before causing damage to neighbouring property.