2024 Question 5 — LawShortcut Independent Model Answer
Rylands v Fletcher · Fire · Private Nuisance
Scenario summary
Rubber Recycle Ltd (“RCL”) shreds tyres in a rural yard that is neither fenced nor secured, right next to the trout-and-buffalo farm of Mr Salmon. Whole tyres and 30-foot heaps of shredded rubber are kept on the site. A group of adolescents get onto RCL's land and set a stack of tyres on fire.
A neighbour, Mr A, goes in to tackle the blaze and sustains third-degree burns. Toxic smoke drifts across to Salmon's farm, poisoning his buffalo herd and rendering the milk destined for mozzarella unusable, a loss of €50,000. Later, after heavy rain, one of the shredded-rubber piles slides down onto the trout farm, killing the fish and causing a further €100,000 of loss.
Candidates are asked to advise A and Salmon on their tort claims against RCL.
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 Salmon — Toxic Fire and Buffalo Loss
- 2. Mr Salmon — Collapsing Tyre Pile and Trout Loss
- 3. Mr A — Burns Suffered While Fighting the Fire
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.