2023 Question 1 — LawShortcut Independent Model Answer
Rylands v Fletcher · Negligence · Limitation
Scenario summary
Logs for You Ltd, owned by Mr A, kiln-dries and sells logs that are treated with a confidential UK-made compound imported by Fire Solutions Ltd. In August 2021, A piles a 25-foot pyramid of ash logs along the boundary he shares with Mr B's farm. Heavy autumn rain loosens the stack, which tumbles onto B's land, wrecking his tractor (€10,000), fracturing his arm and costing him €50,000 in lost earnings.
Earlier, in August 2020, an ash branch reaching over from A's property had fallen on the car of Mr C. C crashed, and his ten-year-old daughter, Ms D, was flung from the vehicle and left paraplegic; her €25,000 hospital bill was covered by insurance. C himself was left with bruising, cuts and whiplash, and when a follow-up X-ray in September 2022 revealed an undisplaced sacral fracture he sued straight away. A motorist passing by, Mr E, ran over the wreckage, damaged his own car, pulled over, saw D, and afterwards developed PTSD.
A competitor, Logs 4 You Ltd (Mr F), then opens close by and A's sales slip by 25%, put at around €75,000. On top of that, an over-strong batch of the fire-treatment compound makes logs sold to Mr G explode, destroying his stove and igniting a house fire; the fire service is then dispatched to the wrong address, worsening the damage.
Candidates are asked to advise all of the parties.
This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.
What this model answer covers
Issues and structure addressed in the full LawShortcut model answer:
- 1. Mr B v Mr A — The Collapsing Log Pile
- 2. Mr C and Ms D — The Falling Branch
- 3. Mr C — The September 2022 Fracture and Limitation
- 4. Mr E — PTSD at the Accident Scene
- 5. Mr A v Mr F — Passing Off
- 6. Mr A and Fire Solutions Ltd — The Defective Treatment Solution
- 7. Mr G v Mr A and Fire Solutions Ltd — Exploding Logs
- 8. The Fire Brigade — The Wrong Address
Read the complete LawShortcut model answer to this question — reading the question, issue spotting, the applicable law, application to the facts and conclusions — inside the King’s Inns Tort Model Answer Vault.
Part of the King’s Inns Tort Model Answer Vault — 30 independently authored model answers, 2020—2025.