CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts
Ravi's neighbour Meena planted a row of trees on her land, and a branch fell on Ravi's wall during a storm, damaging it. Ravi sues under the rule in Rylands v. Fletcher. Which reason most clearly defeats his claim under that rule?
Ravi's claim fails because the rule applies to a dangerous thing brought and accumulated on land in a non-natural use, whereas naturally growing trees are not. Intention is irrelevant and property damage is actionable, so those reasons do not defeat the claim.
- ATrees growing naturally on land are not a thing brought and accumulated for a non-natural useCorrect
- BMeena did not intend the branch to fall
- CRavi did not give notice before suing
- DThe damage was to a wall and not to a person
Explanation
The rule requires a dangerous thing brought onto land for non-natural use and its escape. Naturally growing trees are not such a thing. Intention is irrelevant under strict liability, and damage to property is covered by the rule.
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