When Joan Visited Her Friend Clive, Who Was Renting a Small

question 35

Multiple Choice

When Joan visited her friend Clive, who was renting a small farm in Langley, she was injured by some dangerous cleaning solvent that Clive stores in very large quantities for Soapo Ltd. The solvent had leaked from one of several massive 1000-litre drums. When Joan had walked toward the side door of the farmhouse, she stepped through a puddle of what turned out to be solvent. The solvent not only ruined her shoes, but also burned her skin when some splashed onto her legs. The solvent also drained down into the fish pond on the adjacent property owned by the Nelsons. Read each of the following separately and indicate which is true.

• A) If the Nelsons sue for any loss, they would not succeed against Clive because he is just the tenant of the farm, not the owner.
• B) If the Nelsons sued on the rule in Rylands v. Fletcher, the defendant could succeed by showing that there was no intention to harm anyone and reasonable care had been taken to contain the solvent.
• C) If Joan sued Clive, she would not sue on the rule of strict liability but under the Occupiers' Liability Act.
• D) If the Nelsons sued on the rule in Rylands v. Fletcher, they would be barred from also pleading negligence as an alternative cause of action.
• E) If Joan sues for any loss, she must sue the owner of the farm.

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